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NOTES  OF  AN  EXFLE 


TO 


} 


VAN   DIEMAN'S    LAND: 


COMTRISIN*;    IXCIDKNTS    OF    THK    CANADIAN    RKHI.I.MON    IN    IS.')S,  TRIAT   OP 

TIIF;  AinUOUlN  CANAOA,  and  srusKiilKXT  ArriCAKANCl-:  UIOFOUK  IIKit. 

.M\.n:STY'S    (  OURT  OF  (U'I:KN  S  HEXCH,  IN  LdNDON,  IMPRISONMENT 

IN    EN(;i,ANI),  AND  TRANSroKTAT.ION  TO  \  4S  lUKMANS  LAND. 


ALSO 


AN  ACCOUNT  OF  THE  HOUHinhE  SlII  ERINOS  ENDl  RET*  KV  NINETY   I'OMTICAl 

PRISONERS    DtKING    A     RESIDENCE    OF    SIX     YEARS    IN    THAT    LAND    OF 

IJRITISU    SI.AVERY,    TOCIETUER    WITH    SKETCHES    OF    THE     ISLAND, 

ITS    HISTORY,    PRODUCTIONS,   INHAIilT  V  NTS,  iliC.  &,C. 


Slaves  cat!  breathe  in  Knghiiid. 


(1 


4 


BY    M  NUS    W.   MI  I,  L  \\R. 


FRED  ONI  A,  N.  Y  : 

PlilNTED  BY  W.  McKINSTRV  &  CO. 

184G. 


il 


wmmmautx^ftp'^af^.'^ 


-^rr--EK--v..^"--y.v^ni»Hgptfria;* 


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i^ 


Entercil  according  to  Act  of  Congrcs.-^,  in  the  yoar  1S-1<), 

By  Linus  ^\'.  Miller, 

In  the  Clerk'3  Office  of  the  Northern  District  of  New-York. 


TO 


H ON.  \V  [  L ]/[  A M  [I.  8 E  W A R  I ). 

THE    FlilENI)  OF  J.IinCKTV  ANT)  THE   I'llILANTHUOPIST, 


THi:Si:     LNPRKTEXDINf;     PACES    ARE     IXSCIIIDEI), 


(MY    rERMISSfox.) 


wiiii  n;i:r.rM;.s  or  rRDFouisn  i:kspe<  r. 


Eir 


HIS  IILMULE  AND  (iRA TKrUI-  SKRVANf, 


L.  W.  M  I  L  L  E  i; 


PREFACE. 


A  history  of  the  wrongs  and  sufTerings  of  the  Canadian 
State  Prisoners,  is  a  subject  in  which  the  PubKc  have  felt  so 
deep  an  interest,  that  no  apology  can  be  necessary  for  the 
appearance  of  this  work  in  that  respect ;  but  the  relation  of 
some  of  the  autlior's  own  adventures,  althouu'ii  intimately 
connected  with  the  foregoing,  may  possibly  be  viewed  in  a 
diflbrent  light ;  and  he  feels  it  due  to  himself  to  say  that  they 
wore  introduced  in  accordance  with  the  suggestions  of  nume- 
rous frieihls,  with  greater  dItHdcnce  than  their  prominence 
might  seem  to  indicate.  In  giving  these  slight  sketches  of  the 
Canadian  rebellion,  he  has  been  actuated  by  a  desire  to  cor- 
rect some  false  iini)ressions  current  with  the  American  Public 
in  regard  to  the  feelings  and  character  of  the  Canadians  in 
their  late  unhappy  struggle  for  independence. 

The  proceediiicjrs  in  the  courts  of  London  should),  perhaps, 
have  been  placed  in  the  appendix,  but  it  is  hoped  tiic  lengthy 
arguments  of  the  opposing  counsel  will  not  be  regarded  as 
altogether  uninteresting  and  valueless,  by  the  intelligent 
reader. 

In  quoting  the  language  of  others,  it  has  been  necessary,  in 
order  to  give  a  correct  idea  of  the  character  of  many  in 
authority  in  the  British  dominions,  and  the  abuse  endured  by 
the  prisoners,  their  mental  sufferings,  &c.,  to  introduce  that 
which  is  objectionable  ;  yet  it  has  been  done  with  the  great- 
est reluctance,  and  in  as  guarded  a  manner  as  practicable. 


A^ 


Some  typographical  errors  occur  in  the  work,  whicli  might 
have  been  avoided,  had  it  been  convenient  for  the  author  jxjr- 
sonally  to  correct  and  revise  the  proof  sheets  ;  but  they  are, 
in  general,  of  such  a  nature  as  to  be  readily  detected  and 
understood  by  the  intelligent  reader. 

Tiie  author  feels  free  to  acknowledge,  that  the  work  is,  in 
many  respects,  imperfect ;  but  trusts  that  it  has  one  redeeming 
feature  at  least ;  the  facts  which  are  related  arc  neither  col- 
ored or  exaggerated. 

Stocktox,  N.  Y.,  Oct.  U),  184G. 


-----"*-  .-■— ■■^- 


CONTENTS: 


CIIAl'TKll    I. 

'Voar  ihrouuli  (':ii\iula. — I'opiihir  FcM.'ling. — Amerii-an  Synipmhy. — 
The  Aullioi-  joins  the  Catmdians 


i 


Kxecutlon  of  I'nliticiil  On't'iulL'i's. — AttiMiipt  to  rosciiu  sovi-n  men 
imdor  Si'Mtcnci'  of  Dcnlh. — Tlic  I'lince  of  Traitors. — (.'aniuliati 
I'atriotisni. — British    Ollicor.— Narrow  Ks«;ai)e 4 

C'lIAI'TK  U    I  II. 

(Jen.  Mt'Lcod. — Anocdotos. — The  Short  Hills  I'arty. — Cro'^sin;;  the 
Niauara. — (ami)  of  the  IJebeis. —  Attack  on  the  Knemy. —  Jhe  Pri- 
soners.— Murder  prevented. —  A  niulit  in  tiie  bush 17 

CIIAPTKll    IV. 

Tiicl't. — The  iViendly  Mau'istrafi'. —  -Stai'vation  In  a  Lotr-heaj). — The 
1/ittle  Orphan  (lirl. — The  Peasant  \\'onnin. — The  J-liieniy. — The 
Chase  and  Capture .'M 

ClIAPTEU    v. 

riie  brave  Lieutenant. —  Falsehood.— Tlie  IJoard  of  Alafiistrates. — 
Trip  to  Head  (Quarters. — An  L'nphjasant  ()e(  lO'renee. — 'i'he  Kes- 
cued  l^aiueis. — Arrival  of  Col.  Townsend. — Seeia-  at  the  Pavilion 
Hotel. — The  Author  in  Prison 44 

CHAPTER    VI. 

The  Captives. — Tlie  First  Kluiit  in  Prison.— The  Examination. — 
The   .Magistrates .'". rrl 

CHAPTER   VII. 

Kcmoval  to  Klairara. —  Rctleeflons. —  Lundy's  Lane. —  Morrow's 
Toast. — The  .Fail. — Friends  of  the  Pri-oiv-rs. — Filial  Ailection,  &c. 
— Ilemoval  to  T'oronto. — '.rreatme"!  -  Ihe  Fourth  of  July. — False 
Alarms,  ^e. — .'•■ir  (Jeorjze  Aiihur.— iielurn  to  Niajrara. — Special 
Sessions. — Trial  of  the  boy,  Cooley. — The  Indictment. — The  Cor- 
rupt  Court , in 


VIII 

CII.APTEK    VIII. 

Trial  atvl  Sentence  of  Col.  James  Morrow. — The  C'onclcnuicd  Cell. 
— Some  IVticiilurs  of  his  Life. — Visits  of  the  Cnnailian  Clergy 
men.— Vreparation  for  Death. — The  Consolations  of  Keliyion. — 
lie  prays  for  his  Kneniies. — Hl.s  I)>in;»  Messuj^e  <lolivore«l  to  the 
Tory  Clerjrynjen.— The  Catholics.— The  Parting  Charge. — The 
Execution 7.'t 


Eflects    of  Public 
Sherif  Hamilton 


CHArTEIl    IX. 

Executions,  &c. — Col.  Townsond's  Outrage. — 


-Jdck  Ketch. — The  Old  Woman's  I'ropliccy. — 
]Jialogue  with  the  Catholic  Priest. — The  Conscientious  British 
Major : SO 

CHArTEIl    X. 

The  Cottrt. — The  Trials  Falsely  Uoportcd  in  the  Tory  Newspapers. 
— Packed  Juries. — The  Author  is  Tried.—- Plea  of  Insanity. — Ver- 
dict of  the  Jury. — Infamous  Conduct  of  the.Iudgt?. — The  .Jury 
alter  the  Verdict. — The  Tiry  Lawyer. — Arraignment  of  Sixteen 
Prisoners  to  receive  Judgment. — The  C(»urt  Room  — Demeanor 
of  the  Prisoners  ami  Spectators. — Address  of  the  Judge  to  the 
Author. — The  Author's  Reply. —Sentence  of  the  American  Citi^ 
zens. — Sentence  of  the   iJrilisih  Subjects ST 

CHAPTER    XI. 

The  Condemned  Prisoners. — Visits  of  the  Tories.— Scorn  for  Scorn. 
Sublime  Speech  of  the  boy,  Cooley. —  Vi>«iits  from  Friends. — Inter- 
cession of  the  Lancers. —  Letter  of  the  Hon.  W.  II.  Seward  to  Sir 
George  Arthur. — Sentence  of  Death  commuted  to  Iran.-pnitalion 
to  Van  Dieman's  Land. — Ilemoval  to  Fort  Ileury. — The  Parting. 
—  Intercession  of  Mrs.  Wait  and  Miss  Chandler. — Desertion  of 
British  Regulars. — Arrival  at  the  Fort. — The  Point-Au-Polee 
Prisoners,  and  others. — The  Kx  PoH  Facto  Law. — Tieatmcnt  of 
the  Prisoners. — Exercise. ---Mr.  AV'ixon. — Mr.  Parker. —  Letters  to 
Friends. — Sherif  MacDonald. — Treatment  of  David  Taylor. — 
Death-bed  Scene. — Arrival  of  Prisoners  from  Niagara. — Visits  of 


Sir  (ieorge  Arthur. — The  Unwelcome  Motice. 


9.> 


CHAPTER    XII. 

Removal  of  Twenty-three  Prisoners. —The  Steamer  Cobourg. — The 
Thousand  Islands. —  Drea<lful  Sufl'eriiiirs. —  Pres;i<>tt. — Amusing 
Incident. — The  Rapids  — Cornwall. — A  Tyrant. — Ciossing  of  the 
Patriots  at  Prescott. — Alarm  of  the  Enemy. — Co-teau  (In  Lac. — 
Incidents. — Cascades. — The  Ravages  of  War. — Ucaulianiois  in 
Ruins. — Desolation  of  the  Country,  Plunder,  iS^c,  by  ihe  Rritish 
Army. — Mansion  House  of  Air.  Ellis. — The  Soldier'.s  Account  of 
the  Burning  of  St.  Deunin  and  St.  Eustuchc. —  Sir  John  Colborne. 
— Montreal. — The  (iiiard  House.— Brutal  Treatment.— Col. Town- 
eend. — The  Mob.— The  Loval  Irishman  and  Xegro. — Anecdotes 
of  the  Negro  on  Sentry — and  Drill  Sergeant. —  Arrival  at  Que- 
bec.— The  Jailor. — Notice  of  Removal  to  Eniiland. — Enibaikation.  107 


V 


IX 


CHAPTER    XIII. 

I'lii'  Irishman's  Soliloquy. — The  Lumbor  Vci^sul  "Captain  Hogs." — 
i'he  I'rision  Cabin. — 'I  he  Rntiuns. — ('apt.  Morton. — 'I'he  (lU.arJ  of 
SoMitTrt. — Sca-Sickiifss. —  The  Ciaie. — Sufrorin;^9  of  thu  PriHonerx. 
-Anumpt  to  Mutiny. — The 'JVaitor. — A  soonc  on  Deck. — Sail, 
ho! — Speaking  tliu  Haltinioru  Clipper.— Arrival  at  Iiiv«'rp(»ol. — 
llcmarkd IIS 

ClIAPTKK    XIV. 

'I  lie  Laiidini;. —  I'he  Prison.  -En;.'liMh  Sympathy. — Tiie  Exoelienf 
Ciiiiplain. — Pri-Hon  Kejjulat ions.  -The  Prison  Chapel. — Friends 
iVom  Lou'lon. — Henioval  of'  Eleven  I'risouers  to  Portsiiiouili. — 
Till'  (iuii;. — The  .Journev  to  Lorn  Ion,  \e.  \.i' l'J7 


CII  A  PTE  II    X  \ 


N'(!vvjrate  Prison. — Treatment. — The  Chaplain. — Chapel. --The  Va\<j- 
lisli  l-'eions. — Tlu!  Lawyers.— Atte.ndanee  at  the  Court  of  (Queen's 
ISench. — Statue  of  Cmaki.ks  Fihst. — Charrini;  Cross. — Westmin- 
ster Abbey,  its  History,  iVe. — Statue  of  GicoRiiK  Canning.  - 
ilemains  of  iJyron  — ^^'eHtminister  Ilall. — The  Court.  —  Arjru- 
ments  of  the  Counsel,  I'^e l."l.» 

ClIAl'TEK    XVI. 

.\r;j;uments  Continued. — Judunnent  by  Lord  Denman. —  Proceed in;zs 
a'iainst  the  Jailor  for  makini»  a  False  Jleturn. — This  Court  of 
IvKchecpier. — .J  udginent,  kc, 1  h.* 

CHAPTER    XVII. 

Remarks  upon  the  Trials,  cScc. — Mental  Sud'eringrs. — Kindness  of 
Friends. — Distiui^uished  Visitors. — Entjlish  Feeling  with  Reference 
t<»  the  United  Stato. — The  Author's  Vindication  of  his  Conduct 
to  an  English  (lenthunun. — Limited  Number  of  Voters  in  (ireat 
Britain. — English  Elections,  liribery,  v\:c.— Approi)riations  By 
Parliament. — England's  I'oor. — Pardon  of  William  Reynolds. — 
Pardon  of  the  Nine  Untried  Prisoners. — IJritish  Injustice "Jl'l 

CHAPTER  XVIII. 

Removal  to  the  Hulks. — Incidents  of  the  Journey,  \c. —  IVirts- 
mouth. — Scene  on  the  Deck. — The  Convict  Garb. — Inspection, 
.Sec. — Shameful  Severity. — (jemniell's  Account  of  Wait  and  hia 
Companions. — Heemer. — Sleeping  Apartment,  itc. — The  Dock- 
yard.— Sufl'erings,  tkc. — Complaints  to  the  Government. — Mr. 
Carver. — Chelsea  Reach. — Attempt  to  Abscond. — The  Old  Trai- 
tor.— Dialogue  with  tin;  Cai)tain.— Regulations  of  the  Hulk.— 
Prevalence  of  Vice  and  Crime. — The  Chapel  and  Clergyman. — 
The  Hospital.— The  ikying  Convict.— The  Bay  Ship.— Spithead. 
— Letters,  &c '221 

CHAPTER   XIX. 

Regulations,  &c.,  of  the  Convict  Ship. — "  Weighing  Anchor." — 
Apostiophe   to   England. — Sea-sickness.— Profanity,  kc,  of  the 


Piifloners. — Kindness  of  the  Sur<»eon. — The  Prisoners'  School. — 
A  Calm  in  the  Tropics. — Fighting  among  the  Trisoncrs. — History 
of  Henry  Williams. — Sharks,  Albatros,  &c. — Tristan  de  Cuiiha. — 
Doubling  the  Cape  of  Good  Hope. — Burial  of  the  Dead  at  Sea. — 
Van  Dieman's  Land  in  Sight 243 


I 

I: 
ii 


CHAPTER    XX. 

Ucllections. — Ltind,  &(!. — Arrival. — The  Inspection. — Mclaiiolinly 
News  of  the  J)oath  of  Tiiree  ("iinadiuii  IVisoncrs. — Alexander  Me 
Leod. — A  Friend. — (roing  on  Shore. — The  liarracks. — A  Quan- 
dary.— Tinuithy  (Jrecdy  and  his  Pi[)e. — Hiiying  a  Pair  of  Knee- 
Hreeohes. — Sir  John  Franklin. — The  Speeches 253 

C  H  A  I'  r  E  II    XXI. 

Keniarks. — Vermin. — The  Notice. — Goinp^  to  Church. —  Half  an 
iiour's  Kxercise. — The  Felon  Overseer.— -lleliellioii  on  tlie  Sub- 
bath  Day. — The  Cell. — Scene  in  the  Ollice. — I'logging  tlie  English 
J'risoners. — (Jambling,  Crime,  kv. — The  Princijial  Superintendent 
and  the  liushranirers '272 


1 


CHAPTER    XXII. 

The  Canadians  Doomed  to  Slavery. — The  Reward    of  Treachery. — 
.  Tlie  Road   Party.— The  Billet.— .Mentitl  Siitlerinus.— The  ''Buf- 
falo."—  Meomer  is  sent  to  Port  Arthr.r. — Interesting  Incident. — 
(jcnunell  up  the  Cliimncy. — The  Ove.'scer  Caught. — A  iSma.sh I28f! 

CHAPTER    XXIII. 

Removal  to  Sandy  Bay. — Treatment  of  the  Canadians. — Death  of 
X'^ottage  and  Curtis. — A  Lady's  Opinion  of  the  (Jovernor. — Star- 
vation and  Shell-fish. — Four  Canadians  Abscond :  their  Sulfer- 
ings  and  Capture. — "The  Hunters  of  Kentucky." — Removal  to 
"Lovely  Banks." — Scenery. — The  Irish  Superintendent  and  Con- 
vict (!lerk. — IMr.  Braberson's  Compliments,  aliaa  "Tip,"  alias 
Bribery. — Death  of  Williams. — Treatment  of  the  Sick. — Cells. — 
The  Triangles. — Robert  JNIarsh  anil  the  Whecl-barrow. — Dread- 
ful SuHerings. — Opossum  Eating. — The  Hand  Carts. — Prepara- 
tions to  Abscond 21*4 


CHAPTER   XXIV. 

The  Author  and  Joseph  Stewart  Abscond. — The  Journey. — A  Quan- 
dary.— The  Surprise. — The  Betrayal. — The  Return. — The  Myste- 
rious Fountain. — The  Surrender 305 


CHAPTER    XXV. 

The  Trial.— The  Tread-mill.— An  Outrage.— Tom  Hewitt.— Inter- 
view with  Mr.  Gunn. — Horrid  Treatment  on  board  the  Brig  Isa- 
bella.— Tasman's  Peninsula  and  Port  Arthur. — The  Commandant. 
—The  Overseer  and  Carrying  Gang. — Indescribable  Horrors. — 
Stewart  iu  the  Cells ^ 3iy 


XI 


CIIAPTEK   XXVI. 

II(trrible  Sullerings. — The  Old  (irfiiiiiij  visits  Port  Arthur. — Speech- 
ifying.— A  Chiinj^o. — The  Invalid  Ciany. — The  Churtist  Prisoners. 
—The  Coal  Alines. — The  Hillet. — Promotion  from  the  Wtish-tnh. 
— llev.  J.  A.  Manlon. — The  KveniriU  School. — Kaj^le  Hawk  Neck. 
— e'riuies,  cSce.—  The  Isle  of  the  Demi .1.14 

CIIAPTEK    XXVIT. 

Tlic  Author  is  Fiinploved  as  Tuli»r,  in  (lie  Family  of  (h'U.  Lcnipriere. 
— The  Old  (irai;iiy  Kecalled. — N'isif,  to  I[(i!)urt  Town. — Treat- 
ment of  the  ('anadi:ins. — IvMMoo  of  Cii'innu'li,  iS;'.'. — Tlie  Xow  (lov- 
ernor. — ICdward  JMa(])owell,  \\m\. — K.xposure  of  Franklin's  \'il- 
lainy. — Fnilcd  States  Consul. — 'i'iie  Frunhiin  (.'/i'/'D'  tiiid  Illicit 
Distill)}/;. — 'J'lie  Pardons. — Sir  F.  F.  \\'ilniot  slianuid  int»  an  act 
of  dustice.— Deiiartnre  of  Twenty-seven  Canadian*  for  the  Sand- 
wich Islanils. — Kcsideuce  in  llobart  Tt)wn - .'Us 

CIIAPTFIJ     XXV  III. 

Discovery  of  Van  Dicniaifs  Land,  Sctllfinent,  iS.c. —  Proixrcss  of  tlu? 
Settlement. —  ]'".nii;;'i'ation. —  Srjiaialion  from  tin;  I'arcnt  Colony. 
— Commerc'c. — The  pLiblic  Lands,  JMarkets,  ^c. — 'I'he  IJcaction. 
Ahisi;jrinnent  of  (,'onvicls  Al)ollshed. —  Pr>d)ation  System. — Increase 
of  Crime,  iS:c. — Fndtarrassmeut  of  the  Colonial  (lovernment,  and 
Taxation. — Disatlection,  ^;c.,  of  the  C'olonist  Po[)nlation. — State 
of  Society. — Intem[)eran(  c. — Fdiication. — Sunday  Schools. —  Pub- 
lic Institutions,  Societies,  ^;c. — IJeligion. — Administration  of  Jus- 
tice.— The  Aboriginal  Inhabitants. — Products  of  the  Island. — 
Animals,   Vegetables,  iS:c -V'T 

CHAPTEi;    XXIX. 

Concluding  Kcniarks  upon  the  British  Transportation  System. — Con- 
dition {){'  the  Canadian  J'risoners. — Suit  against  the  Colonial  Gov- 
ernment for  False  Impiisonment. — l)ej)arture  from  Van  Dieman's 
Land  on  the  Uritish  Merchant  Vessel  ''Sons  of  Conunerc<'." — 
Arrival  at  Pernambuco. — Kindness  of  Strangers. — ^'oyage  direct 
to  the  United  States,  on  the  American  Ihircpie  "(ilobe."' — l^anding 
at  New  Castle,  in  Delaware. — Philadelphia. — New  York. — Arri- 
val at  IJunic.— Conclusion 3G6 


;    M_i  i  f  ■ 


NOTES 

ON 

CANADA,  ENGLAND  AND  VAN  DIEMAN'S  LAND. 


CHAPTER    I. 

Tour  through  Canada.  —  Popular  Feeling.  —  American  Sympathy.  —  The  Author  joln» 
the  Canadians. 

After  all  that  has  been  written  and  said,  concerning  tlie 
late  rebellion  of  the  Canadas,  it  would  be  superfluous  to 
attempt  giving  a  history  of  the  eventful  period  of  1837-8; 
or  of  the  causes  which  led  to  the  outbreak.  Justice  to  the 
Canadians,  and*  those  of  my  countrymen  who  have  participa- 
ted in  their  struggles,  requires,  however,  the  statement  of  a 
lew  facts  relative  to  the  important  question  of  justification, 
on  the  part  of  the  revolutionists. 

Previous  to  joining  my  fate  with  theirs,  in  the  unfortunate 
affair,  I  made  a  tour,  early  in  the  spring  of  '38,  through  the 
most  populous  districts  of  the  Upper  Province,  to  satisfy 
myself  on  this  point.  It  'will  be  recollected  that  the  first 
outbreak  had  proved  a  failure;  that  Navy  Island  had  bee  a 
abandoned ;  and  that  the  battle  at  Point-au-Pelee,  between  a 
large  British  force  and  a  handful  of  brave  Patriots,  had  ended 
in  a  dear  victory  to  the  former.  The  natural  tendency  oi" 
these  events  was,  to  discourage  the  liberal  party  in  Canada; 
and  the  inconveniences  to  which  they  had  been  subjected, 
through  these  trying  times,  would,  had  the  causes  of  tht? 
outbreak  been  as  light  and  trivial  as  its  enemies  assert,  have 


« 


NOTES  OP  AN  EXILE,  ON  CANADA. 


sickened  them  of  the  unequal  contest,  and  effectually  crushed 
the  spirit  of  rebellion.  Such,  however,  was  far  from  beinp 
the  case.  A  large  majority  of  the  most  respectable  Canadians 
whom  I  visited,  on  learning  my  business  and  motives,  discov- 
ered their  sentiments  upon  the  dangerous  subject  with  much 
frankness ;  sat  down  with  me  at  their  own  firesides,  and  tohl 
mk;  of  the  wrongs  and  injuries  of  Canada ;  of  the  events  which 
h.'id  changed  good  loyal  subjects  of  the  crown  into  enemies ; 
jiiienated  their  hearts  from  the  so  long  worshipped  mother 
country,  and  caused  them  to  regard  their  homes  in  this  west- 
ern world  as  no  longer  the  abode  of  peace  and  plenty,  quietudr 
juid  happiness,  and  sacred  justice.  The  blight  and  mildew  of 
iiiisnile  had  repeatedly  passed  over  the  land.  Year  after 
year  British  aggref^sions  upon  their  rights,  and  indifference  to 
their  wrongs  and  oft-repeated  remonstrances  against  grievan- 
ces, had  increased  until  all  hopes  of  redress  had  passed  away, 
in  their  distress  they  had  turned  their  eyes  to  these  United 
States;  studied  our  glorious  and  peaceful  institutions,  until 
they  imbibed  the  s})irit  of  the  heroes  of  the  American  Revo- 
hition,  and  felt  the  God-like  divinity  of  liberty  stirring  within 
tlieir  souls,  and  rousing  their  slumbering  energies  to  action. 
They  remembered  that  Heaven  had  raised  up  help  in  thai 
.(ilark  period  to  our  struggling  forefathers,  and  took  courage. 
Feeling  tJieir  cause  to  be  equally  just  and  righteous,  the} 
boldly  crossed  the  Rubicon,  confiding  in  the  God  of  battles, 
nor  doubting  that  stout  hands  and  brave  hearts  fi*om  this 
home  of  liberty  would  join  with  theirs  in  purchasing,  if  neces- 
s;u*y,  the  blessings  of  free  government.  Mismanagement  and 
indiscretion  in  their  leaders  had  led  to  repeated  defeats;  driven 
many  thousands  of  their  most  eftec.tive  men  into  exile  in  the 
United  States;  thrown  many  hundreds  into  prison,  and  desola- 
ted the  land.  The  menials  of  the  British  government  were 
every  where  in  power,  and  individuals  suspected  of  favoring 
the  revolutionists  were  subject  to  every  indignity  and  abuse 
which  the  ingenuity  of  their  enemies  could  devise.  Houses 
nnd  barns  were  burned,  hearths  desecrated,  property  wanton- 
ly destroyed,  and  females  insulted,  and  sometimes  violated 
♦with  impunity.     The  heads  of  venerable  sires,  white  with  the 


m 


"'S*.!., 


II  mllli 


ENGLAND  AND  VAN  DICMAN  S  LAND. 


3 


snows  of  {ige,  were  covered  with  wounds,  inflicted  by  the 
cudgels  of  the  Tories.  I  was  universally  assured  that  a  lajgt 
majority  of  the  most  respectable  Canadians,  were  more  anx- 
ious than  ever  for  independence,  and  that  the  situation  of  the 
country  alone  prevented  their  effective  organization;  —  pai<i 
spies  of  the  enemy  being  among  them  few  were  willing  to 
trust  their  neighbors  where  there  was  so  strong  a  temptation 
.aid  such  facihties  for  treachery.  But  the  universal  cry  was. 
'•Come  over  and  help  us.  A  majority  of  our  fighting  men 
liMvc  fled  from  the  country  and  are  now  in  the  States.  If  the 
L'liitcd  States  government  have  not  forgotten  the  struggle:? 
which  gave  their  nation  existence,  those  refugees  will  be  per- 
mitted, if  they  choose,  to  embody  and  return  to  their  JK)me> 
with  arms  in  their  hands;  and  if  American  citizens  prize  the 
institutions  of  their  own  countrv,  and  wish  to  see  them 
<^xtcnded  to  their  suffering  neighbors,  they  will  be  willing  t.i 
join  in  the  righteous  cause.  When  sufficient  numbers  cout^ 
over  to  give  some  hope  of  success,  we  are  ready  to  suppoit 
ifiom  with  our  property  and  our  lives.  If  there  are  any  L;i 
Fayettes,  Kosciuskos,  and  De  Kalbs  among  your  countrymen, 
in  them  oome  to  our  aid;  and,  whether  we  prosper  or  not, 
th.ey  will  at  least  be  rewarded  with  our  gratitude,"  Such 
wore  the  words  of  tlic  Canadians  —  such  their  situation  in  tlij 
spring  of  1838. 

On  the  American  side,  and  along  the  northern  frontier, 
intense  excitement  prevailed.  Extensive  preparations  wei\» 
v-mig  made  for  the  invasion  of  Canada,  by  the  refugees  and 
American  citizens  combined.  The  former  had  fled  to  our 
shores  for  safety.  pi*otection  and  succor.  The  latter  had 
CDened  their  doors  to  them,  listened  to  the  tale  of  their  wrong> 
.'.nd  sufferings,  and  made  their  cause  their  own.  Tens  o\ 
thousands  of  the  most  respectable  citizens  of  the  northen< 
States  cheerfully  and  zealously  gave  their  influence  to  th." 
cause,  and,  directly  or  indirectly,  encouraged  the  enterprise. 

Reader!  the  author  has  no  apology,  nor  does  he  wish  any. 
beyond  these  simple  facts,  for  joining  in  the  Canadian  rebeU 
lion.  Let  those  of  our  citizens  who  prize  not  our  own  glorious 
institutions, — who  have  forgotten  that  they  were  purchased 


1       T 


f    i 


i  I' 


4  NOTES  OP  AN  EXILE,  ON  CANADA, 

in  part  by  the  blood  of  foreigners, — who  have  no  compassion 
for  the  woes  of  others,  and  never  read  the  holy  precept  which 
commands  that  we  should  do  unto  others  as  we  would  they 
should  do  unto  us, — who  are  Tories  in  heart  and  would  sell 
their  country  for  a  smile  from  British  aristocracy, — who  are 
COWARDS  and  dare  not  fight,  either  for  themselves  or  others, 
lift  up  their  hands  in  righteous  horror  and  holy  indignation  at 
the  depravity  of  heart  which  led  a  youth  of  twenty  years  of 
of  age  to  join  his  fate  with  the  oppressed  Canadians ! 


CHAPTER   11. 

Execution  of  Poliiical  Offenders.  —  Attempt  to  rescue  seven  men  under  Sentence  of 
Death.  —  The  Prince  of  Traitors.  —  Canadian  Fatriotisra.  —  British  Officer.  —  A 
Narrow  Escape. 

There  are  reasons  existing  which  forbid  the  relation  of 
many  interesting  incidents  of  the  Canadian  rebellion.  One 
adventure,  however,  it  is  right  the  world  should  know,  as  it 
will  justly  expose  a  man  whose  name  will  necessarily  appear 
in  subsequent  chapters  of  these  notes.  For  the  sake  of  hivS 
relatives,  some  of  whom  I  know  to  be  respectable  and  estima- 
ble, I  would  willingly  lean  to  the  side  of  mercy,  and  cover 
the  deeds  of  the  renegade  with  the  veil  of  oblivion;  but  justice 
will  not  admit  of  either  silence  or  palliation. 

On  Friday,  the  13th  April,  1838,  Samuel  Lount  and  Peter 
Matthews  were  executed.  The  deep  excitement  which  their 
martyrdom  created  throughout  the  Canadas  caused  many  a 
Tory  heart  to  tremble  for  fear  of  retributive  justice.  Those 
of  my  readers  who  were  conversant  with  those  trying  times, 
will  not  have  forgotten,  that  the  wives  of  ^he  doomed  men, 
supported  by  the  petitions  and  prayers  for  mercy  of  tens  oi' 
thousands  of  British  subjects,  implored  upon  their  knees  of  the 
Lieutenant  Governor,  the  boon  of  life  for  the  partners  of  their 
bosoms;  that  he,  while  they  clung  to  his  knees,  and  plead 
with  all  the  power  of  woman's  fervent  love  and  hallowed 
devotion,  coldly  spurned  them  from  his  feet,  and  that  after  the 


m 


m 

m 


1 

5 


M 


-A 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


5 


enactment  of  the  disgraceful  tragedy,  they  were  again  spurn- 
ed from  the  same  humble  position,  while  begging  for  the 
mangled  and  lifeless  remains  of  those  they  so  dearly  loved. 
Oh !  the  deep  and  holy  affection  of  a  wife ;  to  supplicate  with 
bended  knee,  kissing  the  feet  of  the  tyrant,  washing  them  with 
her  tears,  for  the  mangled  clay  of  tlie  loved  one.  Oh!  the 
coldness,  the  hardness,  the  barrenness,  the  utter  desolation  of 
feeling,  the  entire  prostration  of  every  ennobling  quality, 
which  nerved  this  representative  of  Queen  Victoria,  to  spurn 
one  of  her  sex  from  his  feet,  with  such  a  prayer! 

This  want  of  all  humanity  on  the  part  of  the  chief  execu- 
tive, gave  reason  to  fear  that  seven  men  lying  under  sentence 
of  death  at  Hamilton,  would  share  the  same  fate.* 

On  Saturday,  the  14th  April,  the  C.  11.  R.  Association,  com- 
posed of  Canadian  refugees,  and  under  whose  instructions  I 
liad  been  acting  for  some  time,  called  a  meeting  at  Lockport, 
lor  the  purpose  of  devising  means  for  saving  these  men. 
After  sitting  WMth  closed  doors  for  some  time,  1  was  summon- 
ed into  their  presence  and  informed  by  the  President  that  the 
Association  had  selected  me  to  perform  the  perilous  and 
important  duty  of  rescuing  the  doomed  men  from  death. 
Awful  as  such  a  responsibility  was,  my  feelings  on  accepting 
tiie  proposal  from  the  venerable  and  excellent  President,  were 
unbounded  joy,  at  the  opportunity  of  risking  my  own  life  to 
save  these  devoted  men,  and  not  a  little  pride,  that  such  an 
enterprise  was  entrusted  to  me. 


*Tbe  "  Hamilton  Express,"  of  the  7th  ultimo,  contained  the  following: 

"WKDNESDAy,  April  4th. 
"This  day  the  court  aaseaibled  to  give  judgment  on  the  prisoners.     His  Lordship 
addressed  them  on  the  enormity  of  their  crime,  and  tlie  awful  situation  in  which  they 
stood. 

SENTENCES. 

"  William  Webb  and  John  Hammill — sentence  of  de«th  recorded,  wiili  nn  assurance 
that  their  case  would  be  represented  to  the  executive,  not  to  enforce  the  sentence. 

"Horatio  Hills,  Stephen  Smith,  CiMrlea  Walworth,  Ephraim  Cook,  John  Tvfford,  Nathan 
Town,  and  Peter  Malcolm, — Death  ! 

"  The  court  taid  that  in  consequence  of  the  protection  Peter  Malcolm  aflbrded  to  the 
Ilev.  Mr.  Evans,  his  case  would  be  favorably  represented  to  the  executive. 

•'  The  prisoners  were  ordered  for  execution  on  Friday,  the  20th  April,  instant. 

"Hills  and  Smith  wept  bitterly ;  the  other  prisoners  received  their  sentences  with 
firmness,  but  seemed  to  feel  like  men  who  knew  their  dreadful  situation. 

"  The  court  was  then  dissolved." 


i 


NOTES  OF  AN  EXILE,  QN  CANADA, 


Dr.  Wilson,  a  member  of  the  association,  and  a  brave  man 
as  Canada  can  boast  of,  accompanied  me;  after  being  com- 
mended by  our  friends  to  the  care  and  protection  of  Ahnighty 
God,  we  took  the  rail-road  cars  for  Niagara  Falls,  where  we 
arrived  early  in  the  evening.  The  planning  and  execution  of 
the  enterprise  was  Jeft  to  myself.  I  purposed  to  cross  into 
Canada  that  evening,  raise  200  efficient  men,  proceed  in  secret 
to  Hamilton,  and  on  Thursday  evening,  at  the  hour  of  twelve, 
the  Doctor  with  a  piquet  was  to  attack  Dundern  Castle  as  a 
ruKc ; — another  small  party  were  to  take  possession  of  a  steani- 
l)oat,  which  always  lay  at  the  wharf  during  the  evening,  and 
by  the  aid  of  an  engineer  of  our  own,  to  prepare  her  for  th(; 
reception  of  the  main  body,  with  which  I  was  to  surprise  the 
jail,  force  the  doors,  &c.,  and  press  the  prisoners  on  board; 
there  to  be  joined  by  the  Doctor  and  all  hands,  to  whistles 
Yankee  Doodle  until  we  landed  our  valuable  freight  on 
Yankee  ground;  —  a  capital  plan,  kind  reader,  had  it  been 
accomplished. 

At  the  Falls,  the  Doctor  informed  me  that  an  acquaintance 
of  his  at  that  place,  a  Canadian  refugee,  and  relative  of  one  ol" 
the  doomed  men,  might  be  made  a  valuable  auxiliary,  as  he 
knew  him  to  be  a  brave,  trustworthy  fellow.  I  desired  an 
introduction,  and  in  five  minutes  time,  a  tall,  stout  built,  dai-k 
(^omplexioned  man  was  announced  by  my  friend  as  "Mr.  Jacob 
Beemer." 

There  was  something  in  his  eye  which  at  first  made  me 
distrustful,  but  this  unfavorable  impression  was  removed,  when 
in  reply  to  my  questions  he  informed  me  that  his  own  uncle 
was  one  of  the  doomed  men,  and  burst  into  tears.  On  being 
informed  of  my  business,  he  seized  my  hand,  and,  imploring 
the  richest  of  Heaven's  blessings  on  my  head,  entreated 
permission  to  join  the  enterprise.  As  he  was  a  proscribed 
man  in  Canada,  I  pointed  out  the  danger  that  he  would  incur, 
but  he  assured  me  he  could  disguise  himself,  go  to  his  native 
town,  raise  fifty  men  and  meet  me  near  Hamilton  at  the  time 
appointed. 

He  was  very  urgent  to  learn  my  plans,  but  as  I  had  deter- 
mined to  have  no  other  confident  than  the  Doctor,  to,  avoid 


ENGLAND  AND  VAN  DIBMAN  S  LAND. 


the  possibility  of  treachery,  I  reasoned  with  him  on  the 
impropriety  of  his  request;  but  he  fell  to  crying  again,  and 
urged  that  as  his  own  uncle  was  one  of  the  prisoners  I  ought 
not  to  distrust  him, — that  he  wished  to  say  to  his  neighbors 
that  he  understood  and  approved  of  the  plan,  as  an  induce- 
ment for  them  to  enlist,  &c.,  &c.  Believing  human  nature 
incapable  of  treachery  under  such  circumstances,  I  gave  him 
the  desired  particulars.  He  listened  with  the  deepest  inter- 
est, approved  of  all,  and  promised  faithfully  to  commence 
his  journey  the  next  morning,  and  act  his  part  with  promti- 
tude  and  discretion.  Thus  we  parted;  the  Doctor  and  myself 
traveling  all  night,  crossing  Grand  Island  on  our  way,  and 
arriving  m  Canada  early  the  next  mornmg. 

It  has  been  erroneously  asserted  that  the  Canadians  arc  so 
unfeeling  and  selfish  that  sooner  than  do  a  noble  deed,  at  the 
risk  of  property  or  life,  they  would  cling  to  their  hearth- 
stones and  see  their  nearest  friends  sacrificed.  From  close 
observation  and  experience,  I  know  the  reverse  to  be  the 
case.  A  more  generous,  self-sacrificing  people  never  lived. 
With  the  same  opportunities  and  encouragements  which  our 
forefathers  enjoyed  in  1776,  I  doubt  not  they  would  have 
proved  themselves  in  every  respect  their  equals.  Their  love 
of  liberty  and  independence,  was  a  deep  and  fixed  principle, 
which  fortune,  in  the  unfortunate  struggle,  compelled  them 
to  confine  within  their  own  breasts,  and  its  influences  to 
their  own  private  and  hallowed  firesides.  It  was  there 
that  the  pent  up  flame  would  burst  forth;  there  with  closed 
doors  the  mbust  son  would  draw  from  its  place  of  conceal- 
ment the  polished  musket,  and,  as  far  as  practicable,  accus- 
tom himself  to  its  use,  while  the  fond  parents  exhorted  him 
to  deeds  of  valor — parental  love  bowing  to  that  of  country, 
and  enabling  them  to  dedicate  their  heart's  pride,  and  the 
hope  of  their  old  age,  to  the  cause  nearest  their  hearts.  It 
was  there,  when  the  family  knelt  around  the  altar,  and  their 
humble  orisons  were  breathed  forth  to  the  Almighty  Ruler  of 
the  Universe  for  his  fatherly  care  and  protection,  that  the 
low,  but  fervent  and  oft  agonizing  petition  might  be  heard, 
for  the  King  of  Kings  and  Lord  of  Lords,  to   stretch  forth 


- 


I 


8 


NOTES  OP  AN  EXILE,  ON  CANADA, 


His  almighty  arm  for  the  salvation  of  Canada;  for  His  grace 
and  mercy  to  those  of  their  countrymen  in  prison  and  exile; 
and  success  to  the  efforts  being  made  for  the  establishment 
oi  free  institutions.  Reader,  scenes  like  these  inspired  me 
with  confidence,  and  made  me  an  enthusiast  in  their  cause. 
To  a  superficial  observer  traveling  through  Canada,  there 
•vvas  little  in  outward  appearances  to  tell  the  deceptive  tale. 
I  once  met  an  American  in  company  with  two  or  three  Can- 
adians, whom  I  knew  to  be  devoted  to  our  cause,  and  in  the 
constant  habit  of  beseeching  Almighty  God  to  bless  and 
prosper  it.  The  following  dialogue,  as  near  as  I  can  recol- 
lect, took  place: 

Stranger. — "Gentlemen,  you  appear  to  be  men  of  respecta- 
bility and  candor:  I  wish  to  satisfy  myself  upon  some  mattei> 
of  dispute  in  the  States,  with  regard  to  the  wishes  of  the 
Canadians,  in  general,  for  a  change  of  government.  Will 
you  have  the  kindness  to  oblige  me  with  your  own  views 
upon  the  subject?" 

My  friends  looked  at  each  other,  and  then  at  the  stranger 
for  a  moment,  when  one,  with  but  little  apparent  hesitation, 
said,  in  reply, — 

'*•  We  can  have  no  objections  to  answering  your  reasonable 
questions.  I  can  speak  for  myself  and  neighbors.  We  are 
contented.  We  prefer  our  own  institutions  to  those  of  the 
United  States,  and  are  ready  and  willing  to  defend  them 
with  our  lives.  We  have  no  fellowship  with  those  given  to 
change." 

The  American  gentleman  politely  thanked  them — said  he 
thought  wrong  impressions  had  gone  abroad,  which  he  should 
henceforth  use  his  influence  to  correct,  and  rode  on  his  way. 

Expressing  surprise  at  what  I  had  witnessed,  they  laugh- 
ingly replied, — "What,  did  you  think  us  such  fools  as  to 
open  our  hearts  to  a  stranger,  in  such  times  as  these'?  He 
might  have  been  an  emissary  of  the  government,  and  in  less 
than  24  hours,  we,  with  our  neighbors,  been  thrown  into 
jail,  to  pine  for  months  without  a  hearing  of  any  kind- 
Instances  of  this  kind  are  not  uncommon.  It  is  true,  he 
might  be  an  honest  man,  but  then,  how  many  honest  hearts 


I 

I 


ENOLAMD  AHD  VAN  DIBMAN  8  LAND. 


IS  erace 
id  exile; 
ishment 
lired  mc 
r  cause, 
a,  there 
ve  tale, 
ee  Can- 
d  in  tho- 
ess  and 
n  recol- 

3specta- 
mattei> 
1  of  the 
.  Will 
1  vie\vs 


itranj^er 
itation. 


sonable 
We  are 
of  the 
d  them 
iven  to 

said  he 
should 
s  way. 
laugh - 

as  to 
He 
in  less 
n  into 

kind. 


1 


le, 


he 
hearts 


i 


nre  indiscreet.  A  dozen  words  which  he  had  heard  from  our 
lips,  told  without  any  evil  intention  to  some  of  the  Tories, 
would  most  likely  have  produced  the  same  result.  But  let 
him  show  himself,  with  only  a  thousand  men,  on  this  side  of 
the  line,  a  number  barely  sufHcient  to  give  us  some  hopes  of 
success,  and  we  will  fight  our  way  through  the  ranks  of  the 
enemy  to  join  him;  and  so  will  three  fourths  of  Canada.  We 
are  no  cowards;  we  want  liberty,  and  are  willing  to  fight  for 
it;  but  experience  has  taught  us  j)rudence.  You  Americans 
judge  us  harshly;  you  say,  'if  the  Canadians  want  a  change  of 
government,  why  do  they  not  turn  out  and  fight  like  men,  as 
our  forefathers  of  '76  did?  This  would  be  some  proof,  and 
we,  as  Americans,  should  have  an  excuse,  as  well  as  confi- 
dence, to  help  them.'  But  compare  our  situation  with  that 
of  the  thirteen  American  colonies  in  '76,  and  you  will  find 
less  reason  to  condemn  us.  You  were  far  more  numerous 
than  we  are,  although  the  proportion  of  your  Tories,  was 
greater  than  ours.  You  had  an  immense  territory  to  fight 
and  organize  upon  ;  when  defeated  in  one  colony  you  could 
retreat  to  another,  and  there  collect  your  scattering  forces 
and  again  unfurl  your  banner.  The  British  could  only  main- 
tain their  authority  and  supremacy  at  a  few  important  points, 
in  the  vicinity  of  which  the  Tories  exerted  the  same  evil 
influences  that  they  do  here;  and  the  revolutionists  were  as 
glad  as  we  are  to  remain  quiet.  Our  territory  is  so  limited 
that  the  British  forces,  combined  with  the  Tories,  awe  us 
all  at  one  time.  We  are  so  narrowly  watched  that  a  man 
cannot  stir  from  his  own  door  without  exciting  suspicion, 
or  trust  his  best  friend  with  the  secrets  of  his  heart,  lest 
indiscretion  should  betray  him.  An  informer  can  reside  in 
a  neighborhood  without  being  suspected,  and  by  simply 
going  to  a  magistrate  and  making  oath  that  he  suspects 
certain  parties  of  treasonable  practices,  cause  them  to  be 
thrown  into  prison,  without  further  ceremony,  where  they 
must  lie,  until  the  habeas  corpus  comes  in  force." 

On  my  arrival  in  Canada,  I  found  the  inhabitants  under  the 
influence  of  intense  excitement,  occasioned  by  the  past  and 
pending  executions ;  and  when  I  made  known  my  business, 


m 


N^TRA  OF  AN  EXILE,  ON  CANADA, 


all  were  anxious  to  join  in  the  enterprise.  Had  the  nature 
of  the  case  required  it,  thousands,  instead  of  hundreds,  were 
ready  to  risk  their  lives  to  save  the  doomed  men.  The 
murderous  sacrifice  of  the  lamented  Lount  and  Matthews 
had  so  wrought  upon  their  minds  as  to  render  them  regard- 
less of  consequences. 

Leaving  Dr.  W.  to  select  the  necessary  number  of  men 
from  the  host  of  anxious  volunteers,  and  force  his  way  under 
cover  of  night  and  the  bush  to  Hamilton,  I  rode  forward  to 
make  the  necessary  arrangements.  My  friends  carrying  me 
from  one  town  to  another,  and  only  stopping  to  exchange 
horses  and  their  riders,  I  got  neither  sleep  or  rest  for  four 
days  and  nights,  except  at  the  intervals  of  exchange,  which 
seldom  exceeded  twenty  minutes.  For  forty-eight  hours  it 
rained  or  snowed  incessantly,  in  consequence  of  which  my 
overclothes  were  frequently  covered  with  ice  an  inch  thick, 
yet  I  never  heard  a  word  of  complaint  from  my  guides,  nor 
saw  a  man  who  did  not,  on  learning  my  business,  bid  me 
God  speed,  and  with  very  few  exceptions,  ask  permission  to 
join  the  party.  Old  men  seemed  to  forget  their  age  and 
families,  and  young  men  their  sweet-hearts. 

One  noble-hearted  Canadian  youth,  living  near  the  Short 
Hills,  of  most  respectable  connections,  Mr.  John  W.  Brown, 
accompanied  me  for  a  few  miles  on  Tuesday  evening. 
Pleased  with  his  zeal  and  gallant  bearing,  I  promised  him 
that  he  should  share  in  the  enterprise  if  he  liked  ;  at  which 
he  was  greatly  overjoyed,  and  cut  many  a  wild  freak  with 
his  horse,  jumping  him  over  stumps  and  fences,  to  show  his 
dexterity  and  horsemanship;. often,  the  while,  muttering  to 
himself,  "They  shan't  be  hung,  by  G — d!  Death! — what 
if  I  am  killed]  who  would  not  die  in  such  a  causel"  Those 
of  my  readers  who  have  read  the  beautiful  and  affecting 
story  of  Lefevre,  will  pardon  me  for  introducing  the  above 
sentence.  I  have  known  the  young  man  since  for  a  long 
time,  and  never  heard  him  utter  another  oath,  or  make  use 
of  an  improper  word.  At  the  exchange  of  horses,  I  had 
scarcely  bid  him  adieu,  ere  I  heard  a  faint  groan,  evidently 
proceeding  from  my  friend.    Upon  inquiring  if  he  was  hurt, 


RNOLAMD  AND  VAN  D1RMAN>  LAND. 


H 


te  nature 
Jds,  were 
n.  The 
Matthews 
I  regard - 

■  of  men 
ay  under 
rward  to 
ying  me 
xchange 
for  four 
I,  which 
hours  it 
tiich  my 
1  thick, 
ies,  nor 
bid  me 
ssion  to 
ige  and 

!  Short 
^rowii, 
•^enino;. 

ed  him 

which 

:  with 

ow  his 

ing  to 

-what 

Those 

ectina: 

above 

lonjj 

e  use 

|[  had 

ently 

hurtj 


he  replied  that  the  hoise  had  merely  given  him  a  siight  kick; 
and  entreated  me  not  to  stop  on  his  account,  as  every  mo- 
ment's delay  was  of  importance.  I  afterwards  learned  that 
his  leg  was  broken,  and  fear  of  causing  me  any  delay^ 
prevented  him  from  acknowledging  the  truth.  Such  was  a 
Canadian  youth. 

On  Wednesday  evening,  I  found  myself  in  the  vicinity  of 
Hamilton,  and  nearly  worn  out  with  fatigue.  In  the  morning 
[  called  upon  a  man  by  the  name  of  Jorden,  a  schoolmaster 
by  profession,  who  professed  to  be  a  staunch  Rebel,  and 
desired  him  to  go  in  the  evening,  and  guide  a  party  of  men 
from  a  certain  point  in  the  bush,  to  the  place  of  rendezvous. 
After  parting  from  him,  I  altered  my  dress,  wig,  &c.,  and 
felt  myself  secure  in  entering  Hamilton.  This  precaution, 
as  the  sequel  will  show,  proved  to  my  advantage.  I  was 
not  a  little  surprised  to  find  the  town  full  of  soldiers,  and 
the  militia  hastily  pouring  in  from  the  surrounding  country. 
Hastening  to  my  friends  who  were  greatly  alarmed  at  seeing 
me  in  the  midst  of  my  enemies,  I  was  informed  that  I  had 
been  betrayed.  Information  had  been  given  to  government 
that  2000  men  mere  coming  to  rescue  the  prisoners;  with  all 
the  details  of  my  plans.  Every  thing  was  correct,  except 
the  cipher  added  to  the  200.  They  informed  me  that  Dun- 
dern  Castle,  the  steamboat,  entrance  to  the  harbor,  jail  and 
surrounding  buildings,  were  all  strongly  guarded  by  militia 
and  British  regulars;  (a  goodly  number  of  the  latter  being 
necessary  to  secure  the  obedience  of  the  former;)  that  the 
government  were  greatly  alarmed,  and  had,  upon  receipt  of 
the  information,  instantly  granted  a  respite  to  the  prisoners, 
and  caused  news  to  be  circulated  in  great  haste  throughout 
the  country  that  there  would  be  no  more  executions  for 
political  offences.  And,  in  short,  they  greatly  feared  the 
vengeance  of  the  whole  country.  Messengers  were  imme- 
diately despatched  to  intercept  my  men,  with  news  of  the 
safety  of  the  prisoners,  and  orders  for  them  to  return  in 
secrecy  to  their  homes,  which  was  done ;  and  the  authorities, 
after  much  investigation,  came  to  the  conclusion  that  there 
had  been  no  rising.     As  for  my  trusty  guide,  Jorden,  he  went 


12 


NOTES  OP  AN  EXILE,  ON  CANADA, 


near  enough  to  the  party  to  see  them  in  the  bush,  hastened 
to  town  and  made  oath  to  the  fact;  but  the  magistrates, 
haying  been  before  imposed  upon  with  false  information, 
detained  him  in  custody,  while  they  sent  spies  to  reconnoi- 
tre. In  the  mean  time,  the  men  had  returned  as  ordered, 
and  the  treacherous  Jorden,  in  spite  of  oaths  and  protesta- 
tions of  innocence,  was  committed  to  jail,  to  take  his  trial 
for  perjury,  and  eventually  received  a  sentence  of  three 
months  imprisonment. 

Putting  up  at  the  hotel  generally  frequented  by  the  British 
officers,  I  enjoyed  an  agreeable  chat  at  the  dinner  table  with 
several  epaulet  gents,  who  threatened  utter  extermination  to 
the  Rebels,  who  were  expected  to  attack  the  town  that 
night;  and  after  each  had  proved  himself  equal  in  strength 
and  prowess  to  a  host  of  Yankees,  the  conversation  turned 
more  particularly  upon  the  leader  of  the  party,  whom  they 
described  as  a  tall,  ferocious-looking  Yankee.  "I  hear,'' 
said  a  young  lieutenant,  *'that  he  disguises  himself  with 
false  wigs,  whiskers,  &e.,  but  I  defy  the  devil  to  cheat  me; 
let  me  see  him  but  for  an  instant,  and  I'll  detect  him  I 
warrant  ye. — I  should  like  to  get  hold  of  the  fellow,"  said 
he,  ad(iressing  me;  "we  would  hang  him  without  judge  or 
jury."  "Ah  yes,"  responded  several  kindred  spirits,  "we 
would  burn  him  alive  for  his  presumption  in  daring  to  trust 
himself  this  side  of  the  line." 

"  These  Yankees  are  strange  fellows,"  I  replied,  and  rose 
to  leave  the  table. 

"  Gentlemen,"  said  an  elderly  officer,  who  had  hitherto 
listened  with  evident  disgust  to  the  conversation,  "  you 
talk  bravely  when  there  is  no  danger,  but,  place  you  face  to 
face  with  this  same  Yankee,  as  you  term  him,  and  may  be  you 
would  brag  less.  I  was  at  the  battle  of  Lundy's  Lane  in 
the  last  war,  and  I  assure  you,  we  British  did  not  feel  like 
boasting  during  the  action,  although  we  have  learned  to  do 
so,  since  there  is  no  longer  danger  of  a  fair  fight." 

This  was  a  bold  speech  to  men  already  inflated  with  wine, 
and,  before  he  had  done,  I  observed  seveial  young  officers  lay 
their  hands  upon  their  sword  hilts  ;  but  the  offending  party 


V§ 


ENGLAND  AND  VAN  DIEMAN^S  LAND. 


4k 


merely  smiled  a  glance  at  me,  and  added,  "  Do  you,  younjj 
gentlemen,  understand  the  sword  exercise  1  I  have  pracHced 
much  in  my  time,  and  hold  myself  a  match  for  half  a  dozen 
raw  hands."  This  speech  set  the  young  fellows  to  playing 
with  their  military  buttons.  I  replied,  that  my  profession 
made  it  unnecessary  for  me  to  learn  fencing,  except  as  an 
accomplishment.  The  veteran  then  rose  and  left  the  room 
without  ceremony,  but  I  noticed  a  sarcastic  smile  upon  his 
honest,  open  countenance. 

As  he  passed  out,  he  beckoned  to  me  to  follow ;  and  when 
alone,  thus  addressed  me, — 

"  My  friend,  I  perceive  from  your  manners  and  address, 
that  you  are  an  American." 

I  felt  my  false  whiskers  actually  twitching  my  cheeks,  and 
the  hair  of  my  wig  standing  on  end  ;  but  maintained  iiiy  com- 
posure and  thrust  my  hand  carelessly  into  my  pocket,  where 
lay  a  trusty  pistol,  which,  somehow,  seemed  to  cock  itself 
when  my  fingers  came  in  contact  with  it,  with  an  audible 
''Click:' 

Whether  my  new  acquaintance  heard  the  sound  or  not,  I 
<:annot  say ;  at  any  rate  he  took  no  notice  of  it,  but  contin- 
ued: 

"I  thought,  my  friend,  that  I  might  serve  you  by  a  hint; 
you  will  be  liable  to  abuse  if  those  hot-headed  young  gents 
suspect  your  nationality,  and  I  should  be  very  sorry  to  have 
any  of  your  countrymen  insulted  here.  Should  there  be  any 
thing  worth  noticing,  he  added,  I  dare  say  you  carry  pistols, 
and  know  their  use?"  Here  I  could  scarce  refrain  from 
drawing  one  forth  and  demanding  silence  from  his  officious 
tongue ;  but  I  waited  with  impatience  to  hear  "what  next  ?" 

"In  such  a  case — that  is,  you  understand  me — a  case  that 
requires  a  friend,  I  shall  be  happy  to  act  in  that  capacity. — 
I  have  a  brace  of  as  good  duelling  pistols,  should  yours  not 
answer  the  purpose,  as  ever  winged  an  impertinent  green- 
horn; they  will  be  at  your  service,  as  well  as  myself;  and 
now,  here  is  my  card.  I  trust  there  will  be  no  occasion  for 
you  to  trouble  the  owner  for  the  purpose  we  have  men- 


14 


NOTES  OF  AN  EXILE,  ON  CAN AI>.i, 


tioRed^  but  you  must  give  me  the  pleasure  of  your  company 
<over  a  bottle  of  old  Madeira,  this  evening.  I  have  always 
liked  your  countrymen  since  they,  fought  so  nobly  in  the  last 
war.  Nationality  ?  pshaw  !  nationality,  sir,  is  nothing ;  a 
s:enuine  British  officer  is  a  gentleman,  and  all  real  British 
officer's  like,  as  well  as  I  do,  brave,  honorable  people,  no 
matter  what  nation  they  belong  to  4  in  peace  ti>ey  are 
friends,  and  if  in  the  hour  ot  battle  they  must  be  enemies^ 
^\'hy,"  said  he,  a  smile  lighting  up  his  fine  countenance,  "il 
they  fight  as  well  as  you  Americans,  the  moment  fighting  is 
over,  they  are  friends  again.  I  knew  a  little  occurrence  to 
the  point,  happen  in  the  last  war.  I  was  out  with  a  small 
scouting  party,  and  unexpectedly  fell  in  with  about  an  equal 
number  of  Americans. 

Both  parties  fired  simultaneously,  but  from  the  haste  and 
surprise  of  the  moment,  without  doing'^any  damage  beyond 
that  of  making  a  button-hole  or  two  in  some  of  our  coats. — 
But  while  reloading  for  another  discharge,  I  observed  a 
haversack  among  the  Americans,  which  appeared  to  contain 
provisions,  and  had  myself  fired  at  a  fellow  picking  a  bone 
of  some  kind.  Now,  I  was  deuced  hungry,  and  so  were  my 
men,  but  w^e  had  nothing  except  three  flasks  of  good  o]d 
whiskey,  wherewith  to  satisfy  the  cravings  of  appetite ;  con- 
sequently, I,  for  one,  and  T  think  I  may  safely  include  my 
companions  without  beiieing  them,  felt  more  like  eating 
than  fighting.  The  moment  our  pieces  were  loaded,  and 
your  countrymen  had  already  brought  theirs  to  the  '  present,' 
I  sung  out,  —  *Hold!  friends,  a  parley.'  ^A  parley  it  is,' 
said  the  American  ensign  who  commanded.  '  Men,  ground 
your  arms,  but  stand  ready  for  action.'  I  seized  our  whis- 
key flasks  and  holding  them  up,  said,  '  we  have  three  flasks 
of  whiskey;  what  have  you  in  that  haversack  of  yours?' 

*  Roast   fowls,  brown   bread   and  cheese,"'   was  the   reply. 

*  What  say  you  to  sharing  it  with  us,  my  good  fellows  ? 
We  are  hungry,  and  after  we  have  had  :i  lunch,  and  all  got  rt 
sip  of  our  whiskey,  why,  we  can  fight  all  the  better  if  neces 
sary.^     A  loud  laugh  was  the  first  answer  from  both  parties  ; 
a  short  consultation  followed  among  the  Americans,  when 


ENGLAND  AND  VAN  DIEMAN^S  LAND. 


15 


'  company 

ve  always 

in  the  last 

othing;  a 

il   British 

eople,  no 

ti.>ey  are 

enemies, 

lance,  "ii 

ighting  is 

rrence  to 

h  a  sranll 

an  equal 

laste  and 
!  beyond 
coats. — 
served  a 
)  contain 
I  a  bone 
vere  my 
ood   old 
e ;  con- 
ude  mv 
eatin<i 
ed,  an(i 
esent,' 
it  is,' 
ground 
r  whis- 
flasks 
rours?' 
reply . 
lows  I 
gotrt 
neces 
irties  ; 
wheii 


they  all  stacked  their  arms  against  a  tree,  and  I  ordered  my 
men  to  do  the  same.  The  whiskey  flasks  and  hayersack 
made  us  good  friends  for  an  hour,  and  when  we  came  to  the 
last  flask  we  arrived  at  the  sage  conclusion,  that  it  was  of 
no  use  for  friends  to  fight ;  so  both  parties  pledged  each 
other  in  a  parting  glass,  not  only  not  to  fight,  but  to  keep 
the  secret,  and  I  have  kept  it  on  my  part  till  now ;  but  f 
know  there  is  no  impropriety  in  telling  it  to  an  American; 
and,  d'ye  see,"  said  he,  offering  me  his  hand,  "it  makes  us 
acquaintances  and  friends." 

I  thanked  him  for  his  stoiy,  and  kindness  in  offering  his 
services;  assured  him  that  I  should  pocket  no  insult  from 
the  jackanapes  in  the  adjoining  room,  and  should  feel  great 
pleasure  in  accepting  his  kind  offers  in  case  of  need.  This 
elicited  another  warm  shake  from  his  hand,  w^ith  the  remark, 
"I  like  a  gentleman  who  understands  such  matters, — don't 
disappoint  me  to-night."  I  assured  him  I  took  too  much 
pleasure  in  his  society  to  allow  trifles  to  prevent  me  from 
doing  myself  the  honor;  and  we  parted.  Bitterly  did  I 
regret  the  circumstances  which  afterv/ards  happened,  that 
rendered  it  impossible  for  me  to  keep  the  appointment;  for 
I  promised  myself  a  rich  treat  in  his  agreeable  conversation. 
An  open  hearted,  liberal  minded  man,  I  always  adored. 
What  a  contrast  was  there  bet\veen  this  gentleman,  and  the 
young  officers.  Experience  had  taught  the  one  all  the 
essentials  of  the  gentleman  and  soldier,  without  hardening 
his  heart  or  prejudicing  his  mind  against  his  fellow  creatures; 
while  the  want  of  experience,  and,  it  may  be,  of  good  prin- 
ciples, had  made  the  others  impertinent,  proud  and  vain. 
Pope  says  truly, — 

Prill*,  wherfl  wit  fails,  stepi  in  to  our  defence, 
And  fills  up  all  the  mighty  void  of  sense. 

Leaving  the  hotel,  I  repaired  to  the  store  of  the  Messrs. 
Mills,  brothers,  one  of  whom  was  at  Lockport  as  a  refugee. 
About  3  o'clock,  P.  M.,  Sir  Allan  McNab,  Commander  of 
tlie  forces,  Colonel  Lang,  Judge  Jones,  the  magistrates  of 
the  town,  and  a  large  number  of  other  gentlemen,  came  into 
the  store,  and,  without  ceremony,  commenced  scrutinizing 


1   • 


I 


r 


:     I 


I 
iiJI     i 

hi   ■ 

tu!    ' 


16 


ZrOTES  OF  AN  EXILE,  ON  CANADA, 


my  person.  Not  a  word  wa5  spoken,  but  all  gazed  eagerly 
upon  my  countenance,  as  if  expecting  there  to  read  the 
information  they  were  in  quest  of.  Guessing  the  purport  of 
their  visit,  I  assumed  a  careless  indifference,  and  inquired  of 
Mr.  Mills,  if  what  I  saw  before  me  was  a  fair  specimen  of 
Hamilton  breeding  and  etiquet ;  but  he  gave  me  no  answer. 
The  British  nabobs  continued  to  stare  at  me  for  about  20 
minutes,  without  speaking,  except  in  low  whispers  to  each 
other,  intended,  doubtless  for  my  ear,  to  see  if  they  could 
awaken  my  fears  to  a  betrayal  of  guilt;  such  as,  <^It  is 
him;  there  can  be  no  mistake  from  the  description," — "  He 
can't  escape  us,"  &c.,  &c. — after  which,  as  if  satisfied,  they 
retired  as  they  came,  leaving  two  policemen  to  guard  the 
door.  Turning  to  Mr.  M.  I  said,  "  If  you  are  ready.  Sir,  I 
will  close  my  business  with  you."  **  Certainly,"  said  he, 
*'step  into  the  counting  room."  This  room  was  at  the 
opposite  end  of  the  store.  He  followed  me,  closing  the 
door  of  the  room  after  him.  In  five  minutes  I  had  altered 
my  disguise — passed  through  a  trap  door  into  the  cellar,  and 
from  thence  into  a  back  street.  Before,  however,  I  had  got 
twenty  rods  from  the  store,  upon  looking  round,  I  saw  a 
company  of  soldiers  surrounding  it,  and  the  whole  posse  of 
my  late  visiters  entering  the  door.  Casting  occasionally 
"  a  longing,  lingering  look  behind,"  I  hastened  out  of  town, 
and  in  half  an  hour  joined  my  good  friend  Dr.  Wilson.  We 
both  laughed  heartily  at  my  narrow  escape  from  our  enemies, 
who,  as  I  afterwards  learned  from  Mr.  Mills,  were  greatly 
incensed  at  my  good  fortune,  and  busied  themselves  in 
searching  the  town  and  country  for  several  days,  to  catch  the 
"Uall  Yankee  sympathiser,"  as  they  called  me. 

We  closeted  ourselves  until  twelve  o'clock  that  night, 
when  we  repaired  to  the  ground  where  our  party  were  to 
have  met  and  mustered ;  secreting  ourselves  so  as  to  see  the 
whole  field.  At  the  precise  moment  fixed  upon,  several 
companies  of  infantry  and  cavalry  marched  into  the  field ; 
proving  that  the  traitor  had  told  all  that  he  knew,  and  that 
traitor  was  Jacob  Beemer  !  No  other  person  had  known 
aught  of  the  details,  of  our  enterprise.    I  afterwards  learned 


■WWMM 


■MPI 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


IT 


that  the  miscreant,  instead  of  doing  as  he  promised,  crossed 
the  ferry  at  the  Falls,  the  next  morning,  and  made  oath  to 
the  facts  before  a  magistrate;  and,  in  order  to  magnify  his 
services,  had  sworn  that  2000,  instead  of  200  men  were  to 
attempt  the  rescue ;  thus  committing  the  double  crime  of 
treachery  and  perjury — treachery  to  his  own  uncle  and  six 
others  who  were  under  sentence  of  death,  and  200  men  who 
were  risking  their  lives  to  save  those  men  from  the  gallows! 
And  what  was  the  price  of  his  treachery?  what  was  the  re- 
ward of  so  hellish  an  act  ]     Simply  this,  reader:  to  be  allow- 
ed by  the  Canadian  authorities  to  return  unmolested  to  his 
home  in  Canada,  from  which  he  had  fled  like  a  coward  !    He 
was  safe  in  the  United  States,  his  property  in  Canada  small, 
and  he  could  have  sent  for  his  family,  and  obtained  an  honest 
livelihood  on  the  American  side  until  the  rebellion  was  over; 
but,  rather  than  submit  to  this   trifling  inconvenience,  he 
did  a  deed,  compared  with  which  Arnold's  treachery  was  a 
virtue.     Such  was  the  Prince  of  Traitors*  Jacob  Beemer. 


CHAPTER  III. 


Gen.  McLtod.  —  Anecdotes.  ^  The  Short  Hills  party.  —  Crossing  the  Niagara.— 
Camp  of  the  Rebels.  —  Attack  on  the  Enemy.  —  The  Prisoners.  —  Murder  pre- 
vented. —  A  night  in  the  bush. 

On  the  12th  of  June,  1838,  a  messenger  arrived  at  Lock- 
port,  bringing  intelligence  to  Gen.  McLeod,  at  that  time 
Commander-in-chief  of  our  forces,  that  a  small  party  of  men 
had  crossed  the  lines  under  cover  of  night,  and  were  then 
in  the  vicinity  of  the  Short  Hills,  awaiting  orders  from  the 
provisional  government.  Extensive  preparations  had  been 
making  for  months,  to  invade  Canada  on  the  coming  4th  of 
July,  and  every  possible  precaution  had  been  taken  to  pre- 
vent frontier  disturbances  until  that  time;  and,  as  the  present 
movement  was  calculated  to  frustrate  our  plans,  I  was  imme- 
diately despatched  by  General  McLeod,  with  orders  to  bring 
2 


18 


NOTES  OF  AN  EXILE,  ON  CANADA, 


i 


11 


them  back  to  the  States,  if  possible,  without  delay.  On 
taking  leave  of  the  General,  he  said,  "  Be  careful  of  your 
own  safety ;  it  will  be  hard  to  lose  you,  through  this  mad 
scheme. "  Poor  old  man  !  he  little  thought  of  the  fate  that 
awaited  me,  or  we  had  not  thus  parted  ;  yet  there  seemed  to 
be  a  foreboding  of  evil  on  his  mind,  for  when  I  pot  to  the 
door  of  his  apartment,  he  called  me  back,  hesitated,  and 
laying  his  faithful  and  well-tried  hand  upon  my  head,  said, 
"If  I  thought  it  possible  for  you  to  fall  into  the  power  of 
those  Philistines,  I  would  sooner  cut  off  my  right  hand  than 
send  'you  ;  but  no !  you  must  succeed !  the  path  of  duty  is 
alone  the  path  of  safety !  Go,  and  God  bless  you."  There 
was  a  solemnity  in  his  words  and  manner,  that  caused  a  dark 
cloud  to  hover,  for  a  while,  over  my  youthful  hopes  and 
visions.  His  parting  look  seemed  still  to  be  fixed  upon  me 
for  years  after ;  and  well  it  might,  for  it  was  the  last  look  of 
one,  whom  I  loved  almost  as  a  father.  What  his  fate  has 
been  since,  I  have  never  ascertained,  but  he  deserved  a 
brighter  and  happier  one  than  has  fallen  to  most  of  the  faith- 
ful, devoted  friends  of  Canada.  In  his  own  country  the 
scaffold  was  erected  for  him,  and  in  our  boasted  land  of 
liberty,  the  arm  of  the  law  was  upraised  to  strike  him, 
for  striving  to  collect  and  lead  back  to  their  homes  his 
wionged  and  suffering  countrymen.  "Were  our  laws  of  neu- 
trality just?  Was  there  any  moral  obligation  attached  to 
their  observance  1 

The  General  was  subject  to  considerable  persecution  by 
our  authorities.  He  once  favored  me  with  two  or  three 
anecdotes  connected  with  it,  that  were  somewhat  amusing. 

"  During  the  winter  of  '37,"  said  he,  "while  traveling 
near  the  lines,  in  the  State  of  Michigan,  I  learned  that  a 
Marshal  of  the  United  States  was  in  pursuit,  with  a  warrant 
for  my  apprehension ;  information  having  been  given  to  your 
authorities,  that  I  was  levying  war  within  your  territory, 
against  the  British  government.  Retiring  to  the  house  of 
an  old  Scotch  friend,  I  told  him  my  danger,  and  requested 
him  to  secrete  me  until  it  was  past ;  but  he  declined,  saying, 
there  were  no  good  hiding-places  in  his  house,  which  was 


ENGLAND  AND  VAN  DIEMAN^S  LAND. 


19 


sure  to  be  searched,  and  if  I  were  found  there,  it  might  get 
him  into  trouble.  His  wife  interrupted  him,  exclaiming, 
<  La,  man,  have  you  no  ingenuity?  Nothing  is  easier  than 
to  cheat  the  Marshal.'  Taking  from  her  wardrobe  a  suit  ol 
her  own  apparel,  she  ordered  me  to  put  it  on,  sit  with  my 
back  towards  the  door  in  a  room  up  stairs,  and  busy  royselt 
at  sewing  during  the  search.  I  found  some  difficulty,  I  con- 
less,  in  completing  my  toilet.  The  dress  was  a  mile  too 
small,  and  I  am  a  little  too  enbonpoint  for  a  fine  figure,  but 
a  large  crape  shawl  covered  the  principal  deficiencies.  I 
soon  heard  the  Marshal  announced.  *  I  regret  the  necessity 
which  compels  me  to  search  your  house,'  said  he,  ^but  I  am 
informed  that  General  McLeod,  for  whom  I  have  a  warrant, 
was  seen,  not  long  since,  to  enter  your  doors.'  '  General 
McLeod  is  not  here,'  answered  the  woman,  '  and  I  wonder 
how  you  can  have  the  assurance  to  come  here  for  the  pur- 
pose you  avow,  but  since  you  desire  it,  you  can  search  in 
welcome  ;  only,  be  careful  not  to  frighten  by  your  rudeness, 
ray  poor  old  grandmother,  w^ho  is  extremely  nervous.  The 
sight  of  a  stranger,  sometimes  greatly  agitates  her ;  so  be 
careful.  You  will  find  her  in  her  room  up  stairs.'  The 
Marshal  promised  not  to  frighten  the  old  lady,  and  pro- 
ceeded to  his  task.  After  rummaging  every  room  in  the 
house,  he  opened  my  door  cautiously,  (I  was  busy  sewing 
as  directed,)  stepped  in  on  tiptoe,  looked  under  the  bed, 
and  withdrew  without  even  causing  the  old  granny  to  look 
up,  as  he  boasted  to  my  good  friend  below.  I  resumed  my 
own  garb,  and  remained  in  the  house  till  night.  About  9 
o'clock,  a  neighbor  warned  us,  that  the  marshal  would  be 
there  again  in  a  few  minutes.  I  was  about  making  my 
egress  at  the  back  door,  when  my  worthy  hostess  ordered 
lae  to  put  on  her  night-dress  and  cap,  take  her  place  in  bed, 
and  lie,  said  she,  with  much  emphasis,  with  your  face  to  the 
wall ;  she  then  left  for  a  neighbor's.  I  was  soon  occupying 
her  place  by  the  side  of  her  honest  spouse,  and  when  the 
door  opened,  tried  hard  to  snore  softly  like  a  woman.  In 
came  the  Marshal  swearing  like  a  trooper.  He  knew,  he 
^akl,  that  General  McLeod  was  in  the  house,  and  he  would 


II 


ill 


i!! 


20 


NOTES  OP  AN  EXILE,  ON  CANADA, 


search  until  he  found  him.  My  hed-felloW  told  him  to  do 
SO  as  long  as  he  pleased.  The  house  was  soon  turned  up- 
side down,  but  no  traces  of  McLeod.  He  was  approaching 
the  bed  where  I  lay  snoring,  when  my  good  husband  seized 
a  vessel  from  underneath,  and  swore  if  he  did  not  make  off 
with  himself  he  would  certainly  throw  it  into  his  face  ;  but 
fear  of  the  contents  of  the  great  tea-cup,  sent  him  out  of  the 
house  without  much  ceremony. 

"On  another  occasion,  while  traveling  in  Ohio,  General 
Scott,  of  the  United  States  army,  gave  me  a  warm  chase.  I 
stopped  at  a  hotel,  the  landlord  of  which  was  a  Patriot,  for 
a  fresh  horse  ;  but  before  he  could  be  saddled,  Scott  arrived. 
The  landlord  stowed  me  underneath  his  counter,  among  the 
liquors.  Scott  came  in  and  inquired  if  I  had  been  there. — 
'  Yes,'  answered  mine  host,  *  he  left  about  15  minutes  since. 
You  will  soon  overtake  him.'  The  General  ordered  fresh 
horses,  and  passed  into  the  sitting-room.  The  landlord 
closed  the  door  after  him,  hurried  me  from  my  hiding-place 
into  the  boot  of  Scott's  coach,  in  the  place  of  luggage, 
ordered  the  driver  to  let  me  out  at  the  next  change  of  horses, 
and  called  to  the  General  that  all  was  ready.  *  I'll  catch 
him,'  said  he,  *in  no  time.'  Crack!  went  the  driver's 
whip,  and  away  we  flew  at  the  rate  of  twelve  miles  an  hour. 
At  the  end  of  fifteen  miles,  horses  and  coach  were  changed, 
I  kept  my  place,  and  overheard  Scott  swearing  that  he  had 
lost  the  scent,  as  McLeod  had  not  been  seen  to  pass.  He 
returned  to  try  the  chase  over,  and  in  ten  minutes'  time  I  was 
introduced  to  the  landlord  as  part  of  General  Scott's  very 
valuable  luggage.  , 

"But  my  adventures  with  the  General  did  not  end  here. 
About  a  week  afterwards,  while  driving  my  own  horse  and 
jumper,  in  the  disputed  territory  of  Ohio  and  Michigan,  1  heard 
that  my  old  friend  was  agam  on  my  track.  I  called  on  a 
Dutch  friend,  told  my  danger,  and  asked  for  shelter;  but  ho 
found  many  weighty  excuses  for  decUning  the  honor  of  my 
company.  Not  so  his  wife.  *  I  have  it,'  said  she.  '  John,' 
(meaning  her  husband)  'was  just  going  to  town,  with  our 
negro  servant  to  drive  his  team;  change  clothes  and  places 


ENGLAND  AND  VAN  DIR.MAN^S  LAND. 


21 


him  to  do 
turned  up- 
iproachihg 
and  seized 
t  make  off 
5  face ;  but 

out  of  the 

3,  General 
chase.  I 
'atriot,  for 
tt  arrived, 
imong  the 
1  there. — 
ites  since, 
red   fresh 

landlord 
ling-place 

luggage, 
of  horses, 
ril  catch 

driver's 

an  hour, 
changed, 
t  he  had 
ass.  He 
me  I  was 
tt's  very 

nd  here, 
orse  and 
, I  heard 
ed  on  a 
but  he 
of  my 
'John,' 
vith  our 
d  places 


I 


f 


with  him  instantly.'     As  I  had  trusted  to  woman  before  witli 
success,  I  felt  ho  hesitation  in  doing  so  again;  and  in  five 
minutes'  time  was  rigged  out  as  a  negro  servant,  my  face 
and  hands  blacked,  &c.,  while  Sambo,  attired  in  my  fine  suit. 
with  much  dignity  and  importance,  jumped  into  my  sleigh, 
and  was  thus  charged  by  mine  hostess,  —  'Now,  you  black 
scoundrel,  if  you  fail  to  use  the  whip,  or  look  back  before 
General  Scott  drives  ])ast  you,  or  dare  to  answer  any  of  his 
(juestions,  I'll  flog  the  skin  off  your  back  with  my  own  hands. 
Away  with  you,   and  recollect.'     *0h,  Missus,'  said  Sambo, 
'me  do  mo  best."      'That's  a  good  fellow;  you  shall  have  n 
new^  coat  and  hat  if  yon  obey  me,'  she  answered;  and  away 
he  went,  ]>lying  the  whip  most  faithfully  on  my  poor  Dick's 
flanks.     He  wore  my  Scotch  fur  cap,  which,  from  its  peculiar- 
ities, was  (jiiite  unlike  others  worn  in  the  country,  and  by 
which  Gcjicral  Scott  had  tracked  me  for  two  hundred  miles. 
As  for  the  Dutchman  and  myself,  wc  seated  ourselves  in  his 
sleigh;  I  took  the  reins  and  Sambo's  place.     In  a  few  minutes 
we  met  the  pursuer,  whose  fine   horses  were   foaming.      I 
pulled   my  old   hat  over  my  eyes,  while   he  drew  up  and 
inquired  of  the  Dutchman  if  lie  had  met   a  gentleman  in  a 
jumper,  wearing  a  large,  high,  and  very  curious  Scotch  fur 
cap?     '  Yes,  sir,'  was  the  answer,  '  he  passed  us  half  an  hour 
since,  driving  hard.'      'That,  my  good  friend,  was  General 
McLeod,  of  the  Patriot  army.    He  has  given  me  a  good  chase, 
but  his  race  is  nearly  run.     I'll  catch  him  this  time,  or  my 
name  is  not  Scott,'  and  away  he  flew;  while  we  made  the 
best  of  our  way  into  the  adjoining  town.      Meanwhile,  the 
negro  plied  the  whip  faithfully;  stimulated,  no  doubt,  to  win 
the  new  coat  and  hat.     Scott  soon  hove  in  sight,  and  when 
within  about  100  yards,  began  to  shout  at  the  top   of  his 
commanding  voice,  —  'General    McLeod!  General  McLcod! 
I  have  a  warrant  for  you, — surrender,  you  can't  escape;'  but 
the  crack  of  his  whip   was  Sambo's  only    reply.      'I  say.' 
shouted  he  again,  when  he  had  got  nearer,  'why  don't  you 
surrender]     I'm  Major  General  Scott,  of  the  United  States 
army; — I've  been  dogging  you  these  three  days.     You  ought 
to  have  thrown  away  your  military  cap!  ha!  ha!  ha! — surren- 


ad 


MOTES  OF  AN  EXILE,  ON  CANADA, 


n   ,■ 


n 
a 


i   I 


der,  General  McLcod,  surrender.'  In  a  moment  or  two,  8cott 
was  alongside,  and  clapping  his  hand  upon  the  shoulder  of 
my  humble  representative,  who  averted  his  face  as  much  as 
possible,  he  exclaimed,  'General  McLcod,  you  are  my  prison- 
(jr.'  'Vot  zur?'  said  Sambo,  turning  his  black  visage,  and 
showing  his  ivory  to  great  advantage;  *vot  you  zay,  zur?  you 

—  nigger,'   was  the 


no  have  arres'  poor  Sambo!'      'You  — 

j)assionate  exclamation,  "where  did  you  get  that  cap?'  " 

James  Waggoner,  and  a  young  friend  by  the  name  of  David 
Deal,  accompanied  me  to  the  Short  Hills.  The  latter  was 
one  of  the  celebrated  "Bill  Johnson's"  men,  at  the  burning  of 
the  Sir  Robert  Peel  steamboat,  and  the  Thousand  Island 
adventures.  Ho  was  a  brave  young  fellow  as  ever  lived,  but 
had  no  discretion.  In  short,  as  the  General  said  to  mo  ontj 
elay,  he  was  worth  half  a  dozen  prudent  men  at  har<l  fighting, 
Ijut  required  an  equal  number  of  guardians,  at  other  times  to 
keep  him  out  of  mischief.  Crossing  Grand  Island,  we  landed 
on  the  Canada  shore  under  cover  of  night.  A  few  minute:> 
before  landing,  I  observed  my  young  friend  examining  th(} 
j)riming  of  his  double-barreled  gun  and  pistols.  A  glance  at 
the  shore  explained  the  cause  of  his  alarm;  it  being  lined  lor 
a  few  rods  with  bushes,  which,  in  the  dark,  aided  by  the 
imagination,  might  easily  be  conjured  into  cavalry,  with  their 
night  cloaks,  plumes  and  lances.  "Hist!  hist!"  s;ii  Deal. 
The  boatmen  lay  on  their  oars.  "No  noise  for  your  lives," 
whispered  he.  "Our  bravery  is  about  to  be  tried,  my  lads," 
I  exclaimed,  in  a  low  voice;  "look  well  to  your  arms,  but  by 
no  means  fu'e,  until  you  see  the  flash  of  my  rifle."  "What  is 
it!"  whispered  both  boatmen  in  one  breath.  "Don't  you  seef 
said  Deal,  "  a  whole  company  of  horse  ranged  up  on  the  bank, 
waiting  to  receive  us  with  all  the  honors  of  war.  Is  it  not 
lucky!  by  Jupiter ! — we'll  have  each  a  horse  to  ride  up  to  the 
Short  Hills  upon.  Let  me  see,"  added  he  "bringing  his  piece 
to  his  face,  "  how  easily  I  could  coax  that  tall  fellow  with  the 
lofty  plume  to  dismount."  "Remember  your  orders,"  I  ex- 
claimed, and  with  much  reluctance  he  let  the  piece  fall  to  its 
usual  position,  muttering,  "It's  a  shame  to  lose  so  good  an 
aim.    I  had  him  fair  between  old  Bet's  muzzle  and  that  patch 


RNOIiAND  AND  VAN  DIRMAN  8  LANOw 


2:1 


of  blue  sky  yonder.  My  aim  was  high,  lest  I  shoiiiJ  spcil  th'> 
horse  instead  of  the  rider;  besides,  there's  his  fcath  rs — ho  v. 
well  1  should  look  with  them  in  my  cap."  By  this  time,  the 
boatmen,  who  had  been  whispering  together,  showed  strong 
symptoms  of  rebellion.  "I'm  going  back,"  said  one;  *'I  didn't 
row  you  three  fools  over  here,  to  be  shot  at  for  my  pains,  like 
a  muskrat,  by  a  whole  troop  of  regular  Britishers — not  T;  so 
here  goes!  Round  to  the  boat,  Jim,  quick!"  ''Not  so  fast, 
»ny  good  fellows,"  I  replied,  cocking  my  pistols,  ''you  have 
had  your  pay  for  landing  us  on  the  Canada  shore,  and  I  shall 
take  care  that  vou  do  it."  "  For  Heaven's  sake,  don't  fire !" 
said  he,  his  teeth  chattering  with  fear.  "  Oh,  my  poor  wife ! 
Oh,  my — .''  "Silence!  dastard! — give  me  your  oar  and  lie 
down  in  the  bottom  of  the  boat."  The  fellow  required  no 
urging  to  get  out  of  harm's  way.  "Now,"  said  I  to  the 
others,  "jump  on  shore  in  the  midst  of  them  the  moment  we 
are  alongside.  I  will  push  off  the  boat  for  these  cowards, 
and  join  you  in  time  to  mount  a  horse, —  mind.  Deal,  and^pick 
me  out  a  good  one."  "Shall  I  stand  about  getting  you  any 
feathcrsr'  he  replied,  "they  arc  very  nice;  only  see  how 
gracefully  they  wave  in  the  wind!"  "A  horse  first,"  I  an- 
swered. In  a  few  moments  we  were  near  enough  for  Deal 
to  make  a  spring  of  about  eight  feet  to  the  shore,  shouting, — 
"Now,  you  infernal  Britishers,  surrender,  or  you  are  gone 
suckers,  every  nigger's  soul  of  you."  I  could  contain  myself 
no  longer,  and  burst  into  a  hearty  laugh.  "The  rascally  bush- 
es and  stumps!"  he  exclaimed,  in  a  great  rage;  "and  so  we 
must  walk  our  journey  after  all;  feathers  and  all  gone,  too,  by 
Jove!" 

We  found  the  camp  of  the  hardy  little  party  in  the  bush, 
about  three  miles  from  St.  Johns.  They  were  only  thirty  in. 
number,  mostly  young  men,  all  well  armed  and  resolute-look-; 
ing.  I  found,  upon  inquiry,  that  the  neighbors,  visited  them 
daily,  supplied  them  with  provisions,  &c.,  but  refused  to  join 
them  until  a  reinforcement  of  500  men,  (which  the  leaders  had 
promised,)  should  arrive  from  the  States.  The  traitor,  Bee- 
mer,  was  among  them, — Dr.  Wilson,  and  others.  I  was 
introduced  to  their  leader,  Col.  James  Morrow,  to  whom  I 


ft" 


IN  NOTES  OF  AN  EXILE,  ON  CANADA, 

delivered  the  written  orders  of  General  McLood.     He  road 
tlicm  with  surprise,  and  I  soon  perceived  from  his  conversation 
that  the  party  had  made  him  their  dupe.     He  informed  mo, 
that  he  had  fallen  in  with  some  of  them,  on  the  American  side 
who  told  him  there  were  3000  men  in  the  Niagara  district, 
ready  to  join  him  if  he  would  only  go  over  and  act  as  their 
loader;  that  he  was  uninformed  of  the  plan,  organization,  &c.. 
of  the  Patriot  forces,  and  knew  not  that  they  were  opposed 
to  the  present  movement.     I  made  him  a  member  of  tlu* 
Hunter's  Lodge,  and  communicated  to  him  such  information 
as  I  deemed  prudent;  after  which  he  no  longer  hesitated,  but 
called  the  party  together,  and  informed  them  of  the  orders  he 
had  received  from  General  McLeod;  animadverted  severel) 
upon  the  conduct  of  those  who  had  deceived  him,  pointed  out 
the  impossibility  of  rendering  the  Canadians  any  service  with 
so  small  a  party  of  men,  and  concluded  by  entreating  them  to 
return  with  him  at  once,  promising  them  a  more  favorable 
opportunity  in  a  few  weeks'  time.     After  a  short  consultation, 
they  unanimously  resolved,  that,  having  come  to  Canada  to 
fight,  they  would  not  return  without  striking  a  blow;  upon 
which  Colonel  Morrow  resigned  his  command,  but  informed 
them,  that  although   his   duty  and  principles   alike   forbade 
acting  in  that  capacity,  since  he  had  learned  the  truth ,  yet 
he  »vouId  remain  with  them  until  they  w^re  ready  to  return. 
Finding  it  impossible  to  change  their  determination,  I  left, 
according  to  my  orders,  to  return  to  Lockport;  but  the  alarm 
in  the  mean  time  liaving  been  given,  I  found  the  lines  so 
strictly  guarded  by  the  enemy  as  to  render  it  impracticable. 
Retracing  my  steps  to  the  Short  Hills,  for  the  purpose   of 
inducing  them,  if  possible,  to  remain  quiet  until  the  4th  of 
July,  I  found  Beemer  acting  as  their  leader.     Colonel  Mor- 
row's influence  and  my  own  exertions  prevailed  until  the  21st 
June,  when  a  determination  was  evinced  to  fight.     Beemer 
endeavored  to  prevent  me  from  addressing  the  party,  saying 
that  I  wished  to  excite  them  to  mutiny  against  his  authority. 
I,  however,  obtained  a  hearing,  and  expostulated  with  them 
upon  the  madness  of  their  purpose.    "It  would  ruin  the  intend- 
ed expedition  of  the  4th,  by  forcing  our  friends  in  Caiiada  into 


KNOIiAND  AMD  VAN  DIRMAN  8  LAND. 


2r> 


the  ranks  of  the  enemy,  and  sacrificing  their  lives;  it  hcin^r 
ahnost  impossible,  for  so  small  a  party  to  escape  from  the 
country,  after  the  enemy  was  once  roused  to  action.'*  Mor- 
row joined  his  oHorts  to  mine  without  producini^  any  other 
effect  than  murmurs  of  dissatisfaction.  A  finv  Canadians, 
who  had  joined  that  day,  makini,'  their  luimher  forty-nin(*,  had 
sense  enou^'fi  to  listen  calmly  to  reason,  but  the  others  per- 
sistpd  in  their  ^  )lly. 

Beemer  now  addressed  them.  ''The  time  had  come  to 
strike  the  first  blow.  It  was  true,  they  mij^ht  placo  them- 
selves in  jeoj)anly;  but  who  amoni^  tluit  little  band  had  come 
there  to  avrdd  danjrer  and  not  to  court  it?  As  for  delavs,  thev 
were  always  dan^(;rous;  delay  had  b(>en  the  biuK^  of  the  cause;. 
If  it  was  intended  to  invade  Canada  on  the  dth,  they  would 
have  the  honor  of  bein<j;  the  first  in  the  field;  their  names 
would  jTro  down  to  posterity  as  heroes;  and  their  j)raises  be 
sung  as  the  true  ch;iTn[)ions  of  lib(;rty.  It  was  true,  the  stej» 
they  were  alniut  takin*,'  was  a  bold  one,  but  there  would  bo 
the  more  glory  attached  to  it.  The  Canadians,  too,  would 
join  them,  when  they  knew  there  ^\^'re  men  in  the  connlry 
who  were  determined  to  fight.  Hitherto  they  had  been 
imjwsed  upon  by  talk,  but  talking  would  never  bring  th^m 
into  the  field,  while  fighting,  it  was  hoped,  would  rouse  then) 
to  action.  There  were  Tories,  too,  whom  it  was  intended  to 
attack  that  night,  who  had  grown  rich  upon  the  spoils  of  the 
country;  now  w^as  the  time  to  take  their  ill-gotten  treasures 
from  them:  who  had  a  better  right  to  riches  thus  acquired, 
than  men  fighting  for  liberty?" 

Here,  then,  was  the,  secret.  Plunder  was  the  reward 
Beemer  sought;  and  for  this  he  was  about  to  jeopardize  the 
lives  of  the  party,  and  ruin  our  cause. 

I  protested  in  strong  terms  against  robbery.  ** Patriotism, 
love  of  country,  and  liberty  had  no  connection  with  plunder. 
It  would  disgust  our  Iriends,  and  give  to  the  enemy  the 
opportunity  w^hich  had  been  so  long  sought  to  charge  the 
Patriots  with  base,  unworthy  motives.  They  were  not  Pa- 
triots who  could  rob.  Strict  orders  had  been  given  by  our 
authorities  to  respect  private  property:  these  orders  were 


■  ■ '» 


26 


NOT£S  OF  AN  EXILE,  ON  CANADA, 


about  to  be  disobeyed;  and  the  regulations  hitherto  main- 
tained, 30  much  to  our  credit  and  the  advantage  of  ouv 
cause,  discarded.  But  let  not  those  who  had  come  to  Can- 
ada to  plunder  think  they  could  do  so  with  impunity.  They 
would  be  tried  by  court  martial,  and  severely  punished;  and 
their  disgraceful  deeds  disowned  by  the  constituted  author- 


11 


ities. 

I  was  answered,  "  Who  were  the  constituted  authorities'? 
No  authority  was  acknowledged  here  but  their  own.  Gen. 
McLeod,  Dr.  MeKenzie,  Duncomb,  and  the  whole  host  of 
constituted  authorities,  must  henceforth,  if  they  participated 
in  the  achievement  of  Canadian  independence,  obey  them. 
They  were  about  taking  the  first  step  towards  making  their 
power  supreme." 

I  was  too  much  disgusted  to  contend  farther,  and  Beemcr, 
after  reminding  them  of  the  murder  of  Messrs.  Lount  and 
-Matthews,  and  the  cruelties  practiced  by  the  government  and 
rories,  against  the  friends  of  liberty,  and  swearing  that  their 
wrongs  should  be  revenged,  separated  the  party  into  three 
divisions.  He  commanded  the  first  in  person,  and  left  the 
camp  at  9  o'clock  in  the  evening  with  his  party,  on  a  plun- 
dering expedition,  in  the  course  of  which,  he  robbed  a  Tory, 
])y  the  name  of  Overholt,  of  one  thousand  dollars  in  specie. 
The  second  division  left  two  hours  afterwards,  to  attack  a 
party  of  volunteers,  who  were  stationed  in  the  vicinity  ;  and 
the  third,  soon  after,  took  up  their  line  of  march  for  the  little 
village  of  St.  Johns,  where  was  a  party  of  her  Majesty's 
lancers,  and  was  joined  by  Beemer  on  the  road.  Morrow  and 
myself  accompanied  the  third  division  as  volunteers  wishing 
to  share  in  the  fight,  and  prevent  what  mischief  we  could. 
About  2  o'clock  in  the  morning,  we  arrived  at  St.  Johns. — 
The  sentry  gave  the  alarm,  by  firing  his  carbine  at  us,  and 
lied.  After  half  an  hour's  fighting,  during  which  two  of  our 
men  and  two  of  the  enemy  were  wounded,  the  lancers  sur- 
rendered, but  not  until  our  men  had  become  greatly  incensed, 
and  the  fearful  cry,  "  Give  them  no  quarter!  accept  no  sur- 
render!" rang  in  their  ears;  when  the  counter  one  of  **  quar- 
ter! quarter!  for  God's  sake  quarter!"  was  soon  heard.    They 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


27 


ecmcr, 
nt  and 
;nt  and 
it  their 
)  three 
?ft  the 
plun- 
Torv, 
pecie. 
ck  i\ 
and 
ittJe 
sty's 
and 
hi  no; 
uki. 
US. — 
and 
oui 
sur- 
sed» 
sur- 
uar- 
hey 


occupied  a  hall  in  the  second  story  of  the  village  hotel. — 
Beemer  ordered  them  to  be  pinioned,  and  then  commenced 
his  work  of  plunder.  At  6  o'clock,  A.  M.,  he  ordered  ropes 
to  be  prepared  to  hang  seven  of  the  lancers,  whom  he  select- 
ed for  that  purpose,  telling  them  to  prepare  to  die;  "for,"' 
said  he,  '*^  as  sure  as  there  is  a  God  in  heaven,  I  will  hang  you 
on  the  trees  of  yonder  forest,  to  avenge  the  death  of  Lount 
and  Matthews."  The  poor  fellows  begged  him  to  consider 
that  they  had  nothing  to  do  with  the  execution  of  those  men; 
that  they  had  wives  and  children,  who  were  innocent  and 
helpless;  and  that  he  had  accepted  their  surrender  as  prison- 
ers of  war,  imploring  him  with  tears,  to  spare  their  lives;  but 
he  replied,  that  he  had  only  accepted  their  surrender,  for  the 
purpose  of  hanging  them;  that  he  was  not  to  be  turned  from 
his  purpose  ;  and  again  bade  them  make  their  peace  witli 
their  Maker,  as  their  time  was  short. 

By  this  time,  the  other  division  had  joined  us,  and-  our 
prisoners  numbered  about  seventy.  These,  with  the  excep- 
tion of  the  wounded,  who  were  discharged,  were  all  marched 
in  pioccssion,  the  doomed  men  in  front,  to  wityess  the  intend- 
ed hanging  match.  When,  however,  within  about  200  yards 
of  the  bush,  fearing  that  longer  delay  would  be  fatal,  and  hav- 
ing consulted  Colonel  Morrow,  who  approved  of  my  inten- 
tions, I  gave  the  word  of  command  to  halt!  The  whole  party 
obeyed,  and  all  eyes  were  instantly  turned  upon  me.  Bee- 
mer turned  round,  and  was  met  by  my  trusty  pistols  staring 
him  in  the  face,  and  I  noticed  that  the  coward  quailed  befortr 
them:  the  man  who  was  about  sending  seven  men,  unprepar- 
ed, into  eternity,  could  not  look,  without  the  greatest  trepi- 
dation, into  the  muzzle  of  a  cocked  pistol!  "  Jacob  Beemer, 
by  virtue  of  the  commission  I  hold  in  the  Patriot  service, 
which  entitles  me  to  command  here,  and,  in  the  name  of  the 
provisional  government  of  Canada,  whose  orders  you  have 
disobeyed,  I  now  place  you  under  arrest."  Calling  two  men 
from  the  ranks,  I  ordered  them  to  take  him  in  charge.  They 
at  first  hesitated,  but  the  sight  of  my  pistols,  brought  them  to 
their  senses.  Inquiring  of  the  other  leaders,  if  they  disputed 
my   right  to  command   the    party,   Major  Wait   answered 


28 


i    » 


NOTES  OP  AN  EXILE,  ON  CANADA, 


promptly,  "  No,  I  wish  you  to  do  so,  and  put  an  end  to  these 
horrid  proceedings."  After  promising  to  send  a  ball  through 
the  first  man  who  should  hesitate  to  obey  my  orders,  I  con- 
tinued :  "Your  conduct,  Beemer,  has  been  most  dis2;raceful. 
Disregarding  the  common  usages  of  war,  you  have  been  guil- 
ty of  the  most  shameful  excesses ;  setting  at  defiance  the  au- 
thority of  the  provisional  government,  you  have,  under  the 
guise  of  patriotism,  committed  the  crime  of  midnight  robbery; 
you  have  plundered  your  prisoners  in  open  day,  in  the  pres- 
ence of  the  people  of  Canada,  in  whose  behalf,  you  profess  to 
have  made  this  movement;  and,  what  is  still  worse.  Laving 
accepted  the  surrender  of  these  men  as  prisoners  of  war,  you 
were  now,  about  to  add  to  the  black  catalogue,  the  horrid 
crme  of  hanging  seven  of  their  number  upon  the  trees  of  yon- 
der forest.  There  lie  the  ropes,  prepared  by  your  orders,  for 
the  consummation  of  the  cold  blooded  murder.  Your  con- 
duct, should  you  and  I  have  the  good  fortune  to  reach  the 
American  shore,  will  be  investigated  by  the  proper  authori- 
ties. But  I  am  unwilling  to  believe,  notwithstanding  these 
ominous  preparations  for  bloodshed,  that  you  really  intended 
to  carry  out  the  measures  you  have  avowed;  and  I  now  give 
you  an  opportunity  to  retract.  In  the  presence  of  these  wit- 
nesses, I  implore  you,  for  your  own  sake,  if  you  are  aught 
but  a  demon  in  heart,  to  disown  the  intention  of  murder." 

Without  hesitation  he  replied,  with  an  oath,  that  such  was 
his  determination,  and,  but  for  my  interference,  he  would  have 
hung  them  all,  to  avenge  the  blood  of  Lount  and  Matthews. 

"I  thank  Heaven,"  I  replied,  "that  I  am  here  to  thwart 
you.  Now,  sir,  empty  your  pockets  of  the  booty  you  have 
collected  tj;iis  morning." 

With  great  reluctance,  and  quivering  with  rage,  he  allowed 
one  of  his  guards  to  search  him:  and,  from  his  coat,  waist- 
coat, and  breeches  pockets,  watches,  purses  of  money,  and 
valuable  trinkets  were  drawn  forth  and  laid  in  a  heap  before 
him.  "  Now,  sir,  whose  coat  and  waistcoat  have  you  pur- 
chased this  morning?"  "  They  are  mine,"  answered  one  of 
the  prisoners,  ''he  compelled  me  to  exchange  for  his  old  ones, 
after  our  surrender."    "  Slrip,  scoundrel,  and  let  us  see  you 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


29 


d  to  these 
II  through 
rs,  I  con- 
ssjraceful . 
Deen  guil- 
:e  the  au- 
Linder  the 
t  robbery; 
the  pres- 
3rofess  to 
e,  having 
war,  you 
le   horrid 
;sof  yon- 
rders,  for 
''our  con- 
reach  the 
•  authori- 
ing  these 
[intended 
low  give 
lese  wit- 
re  aught 
rder." 
iuch  was 
uld  have 

thews. 

thwart 
ou  have 

llowed 
waist- 

ey,  and 
before 

)u  pur- 
one  of 

[1  ones, 
e  you 


in  your  own  regimentals  again."     A  loud  laugh  arose  from 
all  hands  while  the  re-exchange  took  place.     Ordering  the 
prisoners  to  be  untied,  I  directed  them  to  come  forward  and 
select  their  property  from  the  heap  which  Beeraer's  pockets 
had  yielded;  which  being  done,  I  said  to  them,  ''I  am  about 
to  discharge  you,  provided  you  arc  willing  to  swear  upon 
the  Bible  I  hold  in  my  hand,  that  you  will  immediately 
retire  from  the  British  service,  and  never  again  take  up  arms 
against  the  Patriot  forces."     I  then  administered  a  solemn 
oath  to  each  to  that  effect,  and  concluded  by  saying,  "You 
are  now  discharged  from  custody.     Return  to  your  homes; 
and  when  you  see  the  standard  of  liberty  unfurled  by  your 
(•ountrymen,  I  hope  to  see  some,  if  not  all  of  you  foremost 
in   our  ranks.     But  carry  with  you,  wherever  you  go,  the 
conviction  that  the  Patriots  of  Canada  are  neither  robbers 
or   murderers,  but  actuated  by  more  noble  purposes  than 
have  been  evinced  by  the  commander  of  this  party;  and  rest 
assured  that  he  will  receive  that  punishment  at  their  hands 
which  his  disgraceful  conduct  deserves.     And,  inasmuch  as 
mercy  has  been  extended  to  you  on  this  occasion,  and  some 
of  your  number  have  been  saved  from  a  fearful  death,  should 
any  of  this  party,  who  have  been  your  captors,  and  are  not 
accountable  for  the  acts  of  Beemer,  unhappily  fall  into  the 
power  of  the  authorities  you  have  served,  (which  may  Heav- 
en forbid,)  let  the  remembrance  of  this  day's  deliverance, 
warm  your  hearts  towards  them,  and  lead  you  to  exertions 
in  their  behalf.     For  the  part  which  I  have  acted  on  this 
occasion,  I  ask  not  your  thanks  nor  your  gratitude.     I  have 
only  done  my  duty  to  the  cause  I  serve;  and  now,  farewell." 
Warmly  did  they  shake  my  hand,  and  many  a  "God  bless 
you"  escaped  from  their  lips.     Those  whose   danger  had 
been  most  imminent,  wept  freely  during  the  occurrence  of 
the   foregoing   scene.      Every   man    in   our  party,  except 
Beemer,  appeared  to  rejoice  at  their  liberation.     One  of  the 
released  lancers  asked  to  have  his  arms  restored  to  him,  but 
I  told  him  they  were  ours  by  the  usages  of  war,  and  he  must 
content  himself  to  walk  home  without  them,  where  they 
could  be  of  no  service,  if  he  intended  to  keep  the  oath  he 


30 


NOTES  Of  AN  EXILE,  ON  CANADA, 


had  just  taken.  The  officer  in  command  of  the  lancers  also 
requested  to  have  the  colors  of  his  company  returned,  but 
was  informed  that  trophies  of  that  kind  were  very  valuable 
in  the  United  States.  I  observed  that  ray  young  friend  Deal 
had  accommodated  himself  with  a  spirited  horse,  and  was 
showing  off,  to  great  effect,  the  beautiful  plumes  he  had  cap- 
tured from  the  lancers.  He  had  behaved  most  gallantly 
during  the  little  action  of  St.  Johns;  and  the  same  might  be 
said  of  the  whole  party,  generally;  not  one,  except  Beemer, 
had  misbehaved  in  any  respect,  and  their  conduct  and  de- 
meanor convinced  me  that,  however  indiscreet  they  had  been, 
iheir  motives  were  good. 

After  the  prisoners  had  retired,  I  resigned  the  command  of 
the  party  into  the  hands  of  Beemer,  and  on  the  following 
day  left  them,  thinking  myself  fortunate  in  escaping  his 
vengeance.  He  swore  that  he  would  have  satisfaction  for 
my  interference,  &c.,  by  sending  a  ball  through  me,  which, 
however,  he  would  scarcely  have  found  courage  to  do,  even 
l)ehind  my  back,  so  pusillanimous  was  he  in  all  his  actions. 
Before  leaving,  I  told  the  party  of  my  intentions,  and  advis- 
ed them  to  separate,  and,  if  possible,  find  concealment  until 
the  present  danger  was  past,  the  whole  country  being  in 
pursuit.  I  afterwards  learned  that  in  less  than  an  hour 
Beemer  was  left  alone.  He  had  neither  the  ability  or  courage 
to  lead  his  men  out  of  the  danger  in  which  he  had  placed 
them,  to  gratify  his  own  evil  passions. 

Having  many  friends  in  Canada,  I  felt  no  concern  about 
myself,  nor  dreaded  danger.  I  could  remain  in  the  bush 
until  the  first  burst  of  excitement  was  over,  and  then  take 
private  lodgings,  and  return,  when  convenient,  to  the  States. 
Little  did  I  dream  of  the  dark  cloud  which  was  fast  gathering 
over  my  head.  Sanguine  in  my  expectations,  and  almost  an 
enthusiast  in  our  cause, — confident  that  I  had  been  walking 
in  the  path  of  duty,  and  that  He  who  had  hitherto  been  my 
protector,  in  m.ore  trying  times  than  this,  would  still  vouch- 
safe His  gracious  care,  and  preserve  me  from  falling  into 
the  hands  of  the  enemy,  I  knelt  down  that  evening  in  the 
forest,  with  feelings  which,  at  this  distant  day,  I  recall  Vtith 


ENGLAND  AND  VAN  DIEMAn's  LAND. 


31 


3ers  also 
ned,  but 
valuable 
nd  Deal 
ind  was 
lad  cap- 
;allantly 
light  be 
Beemer, 
and  de- 
id  been, 

[nand  ol 

llowing 

ing   his 

tion  for 

which, 

0,  even 

actions. 

advis- 

t  until 

ing   in 

hour 

)urage 

)laced 

about 
bush 
take 
[tales, 
lering 
[st  an 
Iking 
my 
fuch- 
into 
the 
with 


pleasure,  and  held  communion  with  that  Eternal  One,  into 
whose  hands  I  could  with  confidence  commend  my  spirit, 
when  the  shades  of  night  called  me  to  repose.  In  deep 
humility  and  trusting  confidence,  I  felt  my  spirit  drawing 
near  to  the  footstool  of  Omnipotence,  and  my  petitions 
J  ascending  on  the  wings  of  desire  to  that  gracious  ear  which 

II  is  never  closed,   when    sinful,  erring   man   pleads  humbly 

with  his  maker.  Could  I  forget,  at  that  time,  and  had  I  no 
petitions  for  my  late  companions,  who  were  in  greater  peril 
than  myself?  Had  I  no  blessings  to  ask  for  those  engag- 
ed in  the  cause  which  I  so  much  lovtd;  no  aid  to  implore 
from  the  God  of  battles'?  Could  I  forget,  at  that  solemn 
hour,  when  the  soft  murmurings  of  the  evening  breeze 
seemed  to  whisper  tales  of  loneliness,  solitude  and  sorrow, 
the  distant  friends,  whose  hearts  were  made  desolate  at  my 
absence?  Ob,  blessed  and  happy  privilege!  which  allows 
man,  in  humble  confidence,  to  breathe  forth  the  aspirations 
of  his  heart,  to  a  Heavenly  Father,  for  mercies  and  blessings 
to  be  showered  upon  the  heads  of  the  absent,  loved  and 
worshipped  ones.  Thrice  blessed  privilege !  which  encour- 
ages him,  to  pray  for  those  who  have  wronged  him  without 
a  cause:  judging  him,  it  may  be,  harshly;  holding  him  res- 
ponsible for  actions  which  his  Heavenly  Father  lays  not  to 
his  charge,  and  arraigning  him  before  that  bar  where  eternal 
justice  holds  him  guiltless. 

"Sweet  hour  of  prayer!  sweet  hour  of  prater  ! 
That  calls  me  from  a  worKi  of  care, 
And  bids  me  at  my  Father's  Throne 
Make  all  my  vrams  and  wishes  known." 

I'hus  prepared,  I  laid  down  to  rest,— my  bed  and  pillow 
ihe  faithful  bosom  of  old  mother  earth, — my  canopy  a  single 
blanket,  and  the  clear  blue  sky  of  Heaven,  studded  with  its 
sparkling  gems  of  distant  worlds,  brighter  and  happier  it 
may  be  than  our  own  home  of  earth;  in  which  sorrow,  sin 
and  death  hold  no  dominion;  where  the  footsteps  of  God's 
creatures  leave  no  marks  of  blight  and  crime,  no  print  of 
oppression  and  tyranny  no  hapless  beings  crushed  beneath 
their  luthless  tread;  where  the  din  of  battle,  and  deadly  strife 


32 


NOTES  OF  AN  EXILE,  ON  CANADA, 


V 


ii   ^: 


between  those  who  were  created  friends  are  never  heard;  but 
universal  love,  peace  and  happiness  reign  in  never-ending 
triumph!  Such  a  scene  might  have  been  even  here.  The 
wisdom,  goodness,  and  power  of  Omnipotemce  has  fashioned 
all  terrestrial  objects  to  this  end;  has  spread  with  a  bountiful 
hand  the  countless  treasures  of  His  storehouse,  inviting  all 
to  partake  in  peace,  amity  and  love;  has  laid  out  a  flowery 
path  for  human  life,  pleasant,  and  beautiful  to  walk  in;  yet 
man,  in  his  folly,  has  made  it  a  rugged,  uneven  road,  demol- 
ished all  that  was  beautiful,  planted  briars  and  thorns,  and 
strewed  it  with  relics  of  crime  and  woe !  Yet  has  eternal 
goodness  opened  a  new  path,  brighter  and  fairer  than  the 
first  to  him  who  treads  it  with  undeviating  footsteps,  but 
rugged  to  the  faltering  and  wayward,  leading  from  the  old 
broad  road  of  sorrow,  woe  and  death,  upward  through  fairer 
scenes  to  the  pleasant  fields  of  Heaven.  Reader,  a  poet  has 
described  the  entrance  to  this  new  path  in  words  which  thou 
mayst  understand, — 

Methinks  I  ser   a  radiant  cross  displayed. 
A  wounded  Saviour  bleeds  along  the  shade. 

And  the  language  of  inspiration  thus  pictures  its  beauties  to 
the  weary  mortal,  who  would  turn  aside  from  the  paths  of 

sin, — 

*' The  wilderness  and  the  solitary  way  shall  be  glad  for 
them,  and  the  desert  shall  rejoice  and  blossom  as  the  rose. 

"And  the  parched  ground  shall  become  a  pool,  and  the 
thirsty  land  springs  of  water :  in  the  habitation  of  dragons, 
where  each  lay  shall  be  grass  with  reeds  and  rushes. 

"  And  an  highway  shall  be  there,  and  a  way,  and  it  shall 
be  called  the  way  of  holiness;  the  unclean  shall  not  pass 
over  it;  but  it  shall  be  for  those,  the  wayfaring  men,  though 
fools  shall  not  err  therein. 

"  No  lion  shdl  be  there,  nor  any  ravenous  beast  shall  go 
up  thereon,  it  shall  not  be  found  there : 

And  the  ransomed  of  the  Lord  shall  return,  and  come  to 
Zion  with  songs,  and  everlasting  joy  upon  their  heads:  they 
shall  obtain  joy  and  gladness,  and  sorrow  and  sighing  shall 
flee  away.'' 


1 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


38 


leard;  but 
er-ending 
re.  The 
fashioned 
bountiful 
vitmg  all 
1  flowery 
k  in;  yet 
J,  demol- 
orns,  and 
IS  eternal 

than  the 
teps,  but 
a  the  old 
agh  fairer 

poet  has 
liich  thou 


auties  to 
jaths  of 

^lad  for 

rose, 
and  the 

ragons, 

it  shall 

lot  pass 

though 

shall  go 

ome  to 
els:  they 
g  shall 


Sleep,  sweet  and  refreshing,  soon  bound  my  spirit  in  her 
silken  chain,  and  its  tabernacle  of  clay  feasted  upon  the 
luxury  of  rest.    Thus  doth  Night  spread  her  mantle  over 
the  earth,  and  rain  her  blessings  upon  weary  man.      Her 
dark  shades  shut  out,  ior  a  season,  those  earthly   visions 
which  excite  his  physical,  mental  and  moral  faculties,  to 
powerful  action,  toil  and  fatigue.     Though  the  day  be  long 
and  wearisome;  though  its  duties  hang  heavily  on  his  hands; 
though  care  and  anxiety  harass  his  spirit  and  becloud  his 
brow;  though  sorrow  and  grief  wrap  their  pale,  sickly  shroud 
around  him,  friends  forsake  and  foes  insult,  till  the  pleasures 
of  earth  become  tasteless  and  insipid;  though  the  sunshine  of 
his  soul  and  the  brightness  of  its  wonted  fires,  are  fast  dying 
away  forever,  and  the  star  of  hope  has  gone  down  behind 
the  hills  of  time,  or  is  hidden  from  view  by  the  dark  clouds 
of  adversity,  still  doth  Night,  like  an  angel  of  mercy  whose 
countenance  weareth  the  sweet,  winning  smiles  of  goodness 
and  peace,  come  with  outstretched  arms,  inviting  the  weary 
and  heavy  laden,  to  lay  aside,  for  a  season,  their  load  of 
earthly  woe,  and  repose  on  her  bosom  of  rest!     Hushed  be 
his  sorrows,  and  forgotten  aught  and  all  that  has  power  to 
pain,  while  he  surrenders  himself  to  the  influence  of  "tired 
nature's  sweet  restorer." 

Morning,  in  ail  its  beauty  and  loveliness,  soon  dispelled 

the  mists  of  night;  and  the  caroling  of  birds  awoke  my 

spirit  to  join  in  their  sweet  songs  of  praise.     The  fresh  less 

of  the  morning  breeze — the  beauty  of  the  rising  su.. — the 

pearly  dew-drops  glistening  in  his  rays,  together  with  the 

melody  which   awoke  me,  all   combined   to  banish  every 

unpleasant  sensation;  and,  in  spite  of  hunger,  (having  eaten 

nothing  for  three  days,)   and  the   dangers  which   I   knew 

surrounded  me,  I  joined  in  the  general  rejoicings  of  nature, 

and  welcomed  the  morn  with  feelings  of  unalloyed  pleasure. 

Thus  it  is  that  thou,  0  Morning!  art  emblematical  of  youth, 

and  beauty,  and  love,  and  hope.     Drawn  by  the  foaming 

steed  of  old  Time,  thy  chariot  the  solar  ray,  thy  herald  the 

twilight's  faint  gleam  in  the  east,  and  thy  mantle  the  bright- 

aess  of  the  sun,  thou  comest  in  the  glory  of  beauty,  trans- 
3 


34 


NOTES  OP  AN  EXILE,  ON  CANADA, 


cendent  in  Joveliness,  and  radiant  with  hope,  to  grace  the 
new-born  day  !  Darkness,  and  solitude,  and  mists  fly  at  thy 
approach;  and  the  night-tears  of  dew  are  hastily  dried  up 
by  thy  smiles.  Nature,  animate  and  inanimate,  awakes  and 
sings  when  thou  comest  in  thy  glory,  and  mortals  hail  thee 
with  the  inspirations  of  hope ! 


CHAPTER  IV. 


Thefi,  —  The  frlenrlly  Magistrate.  —  Starvation  in  a  Log-heap.  —  The  Little  Orphan 
Girl.  —  The  Peasant  Woman.  —  The  Enemy.  —  The  Chase  and  Capture. 

In  the  course  of  the  morning,  a  cow,  in  her  peregrinations 
through  the  forest  in  search  of  food,  accommodated  me,  after 
an  hour's  coaxing,  with  ^ome  of  the  fruits  of  her  labor.  I 
humbly  beg  the  owner's  pardon  for  the  theft,  and  the  read- 
er's for  my  impudence  in  recording  it.  It  is  a  melancholy 
fact  that  I  followed  her  a  long  time  with  an  old  sap-trough 
\inder  my  arm,  and  at  last,  by  dint  of  perseverance  and  cow 
tactics,  succeeded  in  obtaining  about  one  quart  of  the  deli- 
cious beverage, — not,  however,  before  I  had  caught  three  or 
four  random  kicks  from  her  cowship.  Now,  curious  reader, 
thou  wilt  doubtless  wish  to  learn  how  I  managed,  according 
to  the  fashion  of  the  dairy,  to  strain  my  ill-gotten  treasure; 
but  I  tell  thee  it  is  none  of  thy  business.  Hunger  is  an 
importunate,  and,  wilhaL,  very  hard  master,  and  it  is  possible 
that  Jonathan  drank  the  old  cow's  health  without  due  obser- 
vance of  the  tedious  code  of  dairy  laws.  Such  things  were, 
doubtless,  done  in  the  ancient  days  of  simplicity  and  "  710/- 
over-nicety.^^  At  "any  rate,  it  was  "  swate  to  the  taste,"  as 
well  as  strengthening  to  the  body.  How  my  lips  smack, 
at  this  distant  period,  when  I  think  of  it! 

1  remained  in  the  bush  until  evening,  when,  after  secreting 
my  rifle,  sword,  horse  pistols,  and  indeed  whole  kit,  (with 
the  exception  of  pocket  pistols,)  in  the  trunk  of  a  decayed 
Iree,  where  I  could  return  for  them,  if  necessary,  I  repaired 


ENGLAND  AHD  VAN  DIEMAN's  LAND. 


35 


frace  the 
ly  at  thy 
dried  up 
ikes  and 
hail  thee 


tie  Orphan 
ire. 

inations 

le,  after 

ibor.     I 

le  read- 

ancholy 

-trough 

nd  cow 

le  deli- 

hree  or 

reader, 

lording 

easure; 

is  an 

)ssible 

obser- 

were, 

"  not- 

^,''  as 

nack, 

eting 

(with 

[ayed 

lired 


to  a  small  village  where  lived  a  faithful  friend — a  magistrate 
— thinking  to  trouble  him  for  a  few  days'  private  board  and 
lodging.  I  found,  to  my  surprise  and  chagrin,  the  village 
full  of  soldiers — militia  of  the  country— and  myself  in  the 
midst ;  but  it  was  too  late  to  retrace  my  steps,  so  assuming 
the  gait  and  manners  of  one  of  their  own  country  people, 
I  passed  on  to  the  house  of  my  friend,  dropping  now  and 
then  a  casual  remark  of,  "a  pleasant  evening  my  lads; — any 
more  of  those  scoundrel  rebels  taken?  We  are  having  a 
fine  hunt  after  the  villains.''  "They  must  be  smart  chaps 
to  escape  us,"  one  replied.  "They  are  nearly  all  captured, 
and  the  remainder  are  so  closely  pursued  that  it  is  impossible 
for  a  soul  to  escape.  We  shall  have  a  fine  hanging  match 
soon."  "  I  will  go  a  hundred  miles  to  see  their  necks 
stretched,"  I  answered,  and  passed  on.  Doubtless  they 
took  me  for  a  rank  Tory. 

Ringing  the  bell  at  the  door  of  the  house  where  I  hoped 
to  find  refuge.,  th«  lady  of  my  friend  answered  it,  but  placed 
her  person  before  the  door,  so  as  to  prevent  my  ingress. 
She  inquired,  in  a  trembling  voice,  my  wishes;  and  her 
manner  convinced  me  that  she  did  not  recognize  me,  and 

something  was  wrong.     "Is  Mr.  H at  home.  Madam*? " 

"No,  sir."  "Will  you  please  to  tell  me  where  I  can  find 
him'?"  "I  do  not  know  where  he  is,-^perhaps  he  may  be 
at  Sraithville,  perhaps  not."  "When  will  he  return?"  "1 
do  not  know."  "  Can  I  remain  here  until  he  comes  home? 
I  am  anxious  to  see  him  on  business."  "You  are  a  stranger, 
sir,  and  as  times  are  now,  I  cannot  invite  you  into  my  house. 
We  know  not  who  are  our  friends  or  enemies."  I  was  about 
turning  away  in  disappointment,  when  I  heard  the  voice  of 
my  friend,  who  had  recognized  my  own,  exclaiming  from 
within,  "Good  God!  is  that  you,  Mr.  Miller?  My  dear 
wife,  allow  him  to  come  in."  "Oh,  merciful  Heaven!"  ex- 
claimed the  alntf>st  fainting  woman,  as  she  closed  and  bolted 
the  door  after  me.  "Oh,  sir,  if  you  would  save  yourself-r- 
if  you  would  not  ruin  us,  stop  not  a  moment! — fly  instantly 
or  we  are  all  lost.  Oh,  God!  that  it  should  come  to  this!" 
My  friend,  in  an  adjoining  room,  thrust  his  head  from  a 


1    "  • 'iii 


' 


I 


36 


NOTES  OP  AN  EXILE,  ON  CANADA, 


private  recess,  and  extending  to  me  his  hand,  said,  ^^l  nni 
very  sorry  to  see  you, — hoped  you  had  escaped  to  the  States; 
but  I  can  not  serve  you, — would  to  Heaven  I  could.  I  am 
suspected  of  aiding  our  party,  and  we  supposed  when  you 
rang  the  bell  just  now,  that  my  enemies  had  come  with  a 
warrant  for  my  apprehension.  Tliey  will  be  here  soon,  and 
it  is  barely  possible  I  may  escape  their  search  in  this  clof.et; 
but  it  will  not  do  for  you  to  remain.  Avoid  the  road;  it  1^ 
full  of  the  enemy;  gain  the  bush  as  soon  as  possible,  and 
call  on  some  of  our  friends  who  are  not  suspected,  God 
Almighty  bless  and  protect  you,  for  your  danger  is  great. 
Farewell! — don't  despair, — Canada  will  yet  be  free,  and  you 
live  to  see  it."  Forgetting  everything  but  danger,  I  has- 
tened from  the  house  without  thinking  to  ask  for  food, 
which  I  so  much  needed,  passed  carelessly  through  the  crowd 
of  soldiers  which  filled  the  road,  whistling  as  I  went,  "God 
save  the  Queen," — always  a  safe  passport  and  watchword 
with  the  enemy.  Soon  as  I  dared,  I  got  over  the  fence,  and 
proceeded  towards  the  bush,  but  found  sentries  stationed  so 
near  each  other  in  the  outskirts,  as  to  make  it  impossible  to 
get  past  them  without  being  seen  and  fired  upon;  when,  of 
course,  the  whole  body  of  the  enemy  would  soon  be  on  my 
track,  and  escape  would  be  next  to  impossible.  Discovering 
two  large  logs  lying  in  the  open  field,  I  found,  upon  exami- 
nation, that  a  fire  had  been  kindled  upon  them,  which, 
fortunately  for  me,  had  burned  a  hole  just  large  enough  to 
admit  my  person.  Here,  then,  was  a  hidmg  place,  not 
likely  to  be  suspected,  where  I  could  remain  for  a  day  or 
two,  until  the  enemy  should  withdraw  from  the  immediate 
vicinity.  Pulling  some  grass  for  a  pillow,  and  transferring 
two  rails  from  an  adjoining  fence  upon  the  logs,  I  took 
possession  of  the  snug  little  fortress,  with  much  satisfaction; 
pulled  the  rails  over  the  hole,  so  as  to  form  a  partial  screen, 
and  soon  fell  asleep,  to  dream  of  my  mother's  pantry,  always 
abounding  in  dainties  tempting  to  a  hungry  man;  but  some- 
how the  more  I  ate  the  sharper  my  appetite  grew,  until  at 
length  its  very  intensity  awoke  me.  Alas!  it  was  but  a 
dream;  and  all  hope  of  immediate  relief  was  gone. 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


37 


Id,  "I  am 

he  States; 

Id.     I  am 

when  you 

ne  with  a 

soon,  and 

lis  clof.et; 

cad;  it  I^ 

;ible,  and 

Bd.     God 

is  great, 

,  and  vou 

r,  I  has- 

for  food, 

he  crowd 

It,  "God 

itch  word 

ince,  and 

ioned  so 

ssible  to 

when,  of 

e  on  my 

covering 

exami- 

which, 

ough  to 

Lce,  not 

day  or 

mediate 

sferring 

I  took 

action; 

:creen, 

always 

some- 

ntil  at 

but  a 


That  night  was  long  and  wearisome,  and  daylight  brought 
no  change  for  the  better,  with  the  exception  of  the  warm 
rays  of  the  sun.  There  were  the  enemy  at  their  posts  on  the 
lookout  for  myself  and  late  companions;  but  little  dream- 
ing that  one  whom  they  sought  was  so  near;  and  the  satis- 
faction of  sleeping  under  their  very  noses,  and  cheating  the 
devil  in  open  day  light,  enabled  me  to  endure  hunger,  thirst 
and  close  imprisonment.  I  lay  upon  my  left  side  the  whole 
time;  being  unable,  from  want  of  room,  to  change  my  position 
in  the  least;  but  could  now  and  then  raise  my  head,  and  look 
with  a  provoking  smile  upon  my  would-be  captors.  The 
ihy  closed  with  rain,  and  the  night  was  cold  and  cheerless; 
yet  I  determined  to  keep  my  position  until  I  could  see  the 
coast  clear,  or  was  actually  starved  out.  I  felt  little  concern 
for  my  safety,  having  more  than  once  before  escapee!  from 
the  enemy  when  in  even  greater  peril;  and  why  should  I 
now  distrust  the  constancy  of  dame  Fortune]  Morning 
again  dawned  upon  me  in  all  its  glory,  but  I  was  not  in  a 
condition  to  enjoy  its  beauties.  The  cravings  of  hunger  had 
passed  away,  leaving  only  a  sensation  of  extreme  weakness, 
with  occasional  pains.  About  11  o'clock,  a  husbandman, 
probably  the  owner  of  the  field,  came  into  it  with  a  load  of 
manure,  the  last  of  which  he  emptied  in  a  heap  close  beside 
the  logs  where  I  lay;  and,  without  raising,  or  even  shifting 
my  head  in  the  least,  I  looked  him  full  in  the  face.  Although 
aware  that  nearly  all  the  farmers  in  the  country  favored  the 
Patriot  cause,  I  durst  not  discover  myself  to  him,  for  had  he 
proved  a  friend,  the  enemy  being  in  sight,  there  was  danger 
of  his  inadvertently  betraying  me  in  the  surprise  of  the 
moment.     I  have  since  learned  that  he  was  a  friend. 

About  4  o'clock,  P.  M.,  the  enemy's  bugle  gave  me  notice 
of  their  intention  to  withdraw;  and  I  thanked  God  in  my 
heart  for  my  deliverance.  In  half  an  hour's  time,  their 
•sentries  were  all  called  in,  and  the  whole  party  (an  entire 
regiment  of  militia)  were  out  of  sight  and  hearing.  When 
the  last  sound  died  away,  I  crawled  with  much  difficulty  from 
my  hiding  place.  I  was  so  weak  as  to  be  unable  to  stand 
an  my  feet,  and  ray  side,  on  which  I  had  lain  for  forty-four 


38 


MOTES  OF  AN  EXILE,  ON  CANADA, 


hours,  was  perfectly  benumbed  and  insensible.  I  had  not, 
however,  forgotten  how|  to  creep,  and  gained  the  bush,  a 
distance  of  150  yards,  by  using  my  hands  and  knees.  After 
a  short  time,  I  was  enabled  to  stand  on  my  feet  and  walk  a 
few  paces.  Feeling  it  impossible  to  live  much  longer  with- 
out food,  I  resolved  to  try  my  fortune  at  a  game  of  chance, 
and  made  the  best  of  my  way  to  the  nearest  house,  which, 
fortunately,  ^vas  situated  some  distance  from  the  street  and 
near  the  bush.  Two  young  ladies,  one  apparently  about 
eighteen  and  the  ather  thirteen  years  of  age,  were  in  the 
garden  near  me.  I  observed  that  they  looked  rather  suspi- 
ciously at  me;  but  trusting  to  the  goodness  and  compassion 
of  the  sex  generally,  I  feared  nothing,  except  that  through 
timidity  they  might  introduce  me  to  more  dangerous  acquain- 
tances. Making  my  best  bov/,  I  inquired  of  the  young 
ladies  the  name  of  the  proprietor  of  the  premises,  and  was 
a  little  startled  at  the  reply,  which  informed  me  that  a  British 
half  pay  officer  lived  there.  "  Is  he  at  home?"  "No,  sir, 
he  has  gone  out  with  his  lady  for  a  drive."  "Indeed  !  then 
I  cannot  see  him  at  present; — pray,  ladies,  how  long  shall  I 
have  to  wait?"  "I  do  not  expect  him  home  before  dark," 
was  the  welcome  reply.  Addressing  the  eldest,  I  said, — 
"  My  name,  Madam,  is  Miller;  will  you  pardon  me  for  asking 


your 


i7"      u 


Oh  certainly, — my  name   is 


5J 


U 


am  acquainted  with  a  gentleman  of  that  name  in  New  Yc  'k; 
he  is  a  Canadian  refugee."  "Oh,  sir,  he  is  my  father!  tell 
jne  if  he  is  well;  if  he  is  safe?"  and  her  countenance  indica- 
ted better  than  words  could  have  done,  how  deep  an  interest 
she  felt  in  her  parent's  welfare.  I  no  longer  hesitated,  but 
made  myself  known,  and  was  assured  of  my  present  safety. 
The  little  girl  with  her  was  an  orphan,  whom  the  British 

officer  had  adopted  as  his  own;  and  Miss  ,  had  come 

to  spend  the  afternoon  with  her,  in  the  absence  of  her  adopt- 
ed parents.  On  informing  them  of  the  length  of  time  I 
had  fasted,  the  orphan  girl  approached  me,  timidly  took  my 
hand  and  looking  up  into  my  face,  said,  "  Oh,  sir,  I  am  so 
sorry  for  you; — almost  starved! — seven  whole  days  and 
nothing  to  eat  or  drink,  but  a  little  milk,  did  you  say?  and 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


39 


hunted  like  a  wolf  of  the  forest!  And  will  they  shoot  or 
liang  you,  if  they  find  you]  Oh,  this  is  dreadful !  Have  you 
any  mother]"  *'  Yes,  my  dear,  I  have  a  very  kind  mother,'' 
I  replied.  "Oh,  sir,  how  dreadfully  she  would  feel  if  she 
knew  of  your  sufferings.  I  had  a  mother  once,  sir,  and  shr 
was  good,  and  kind,  and  gentle  to  me,  but  she  lias  t^one 
home,"  and  she  pointed  to  the  clear,  blue  sky,  "and  I  ara 
left  an  orphan;  no  father,  no  mother,  no  brother,  no  sister, — 
all — all  gone  home,  and  left  me  alone  in  the  world,"  and 
she  sobbed  as  if  her  heart  would  break.  "  My  dear,  you 
have  a  Heavenly  Father,  who  loves,  and  will  always  protect 
the  poor  orphan;  and  He  will  be  better  than  earthly  friends 
to  you,  if  you  only  love  and  serve  Him."  "  Oh,  yes,"  she 
answered;  "so  He  is.  He  has  given  me  kind,  very  kind 
friends  here,  who  call  me  their  child,  and  love  me,  and  I 
love  them, — indeed  I  do; — but  they  are  not  like  my  own 
kind  mother  who  has  gone  to  Heaven.  They  tell  me  it  is 
wrong  in  me  to  wish  to  die;  but  sometimes,  I  can't  help 
praying  to  be  taken  home  to  Heaven,  where  mother  and 
sisters  are!"  Had  I  no  tears  to  shed  with  her?  Hast  thou 
none  to  spare,  kind  reader,  for  the  lonely,  desolate  orphan? 
— While  she  busied  herself  with  the  young  lady  in  setting 
the  toa-table,  I  chanced  to  look  at  myself  in  the  glass,  and 
was  shocked  at  my  own  image — my  beard  being  more  than 
an  inch  long.  Hunger  and  anxiety  had  doubtless  produced 
this  effect.  The  orphan  soon  furnished  me  with  the  shaving 
apparatus  of  her  adopted  father,  saying,  "  Your  own  mother 
would  hardly  know  you  with  that  frightful  beard, — do,  pray, 
shave  it  off." 

Sitting  down  to  a  well  furnished  table,  I  ate  with  a  thank' 
in\  heart.  While  thus  engaged,  my  little  friend,  who  seem- 
ed less  timid  since  I  had  got  rid  of  the  "frightful  beard," 
laying  her  hand  on  my  shoulder  and  looking  confidingly  in 
my  face,  told  me  to  eat  just  as  much  as  I  could;  said  she  was 
sure  I  was  not  a  bad  man;  wished  I  could  stop  where  she 
could  carry  me  food  as  long  as  I  wanted  it;  and  if  she  had 
only  a  home  of  her  own,  such  as  she  once  had  with  her  kind 
laother,  she  would  not  let  me  go  away,  until  all  danger  was 


»^jfi('*i'« 


si  J 


40 


NOTES  OP  AN  EXILE,  ON  CANADA, 


past.  Among  other  questions  which  she  put  to  me,  one  was 
if  I  had  any  sisters'?  I  replied  that  I  had  one  about  her  own 
age.  "Oh,  how  the  poor  girl  would  feel,  if  she  knew  her 
dear  brother  was  here !  I*m  so  glad  we  can  feed  you;  and 
when  you  get  back  to  the  States  again,  you'll  go  home  and 
see  your  mother,  and  sisters,  and  all,  and  tell  them  all  about 
these  dreadful  times  here;  and  they  will  love  you  and  kiss 
you  so!  How  I  should  like  to  be  there,  just  behind  the  door, 
and  peep  out  and  see  you  all,  and  listen  to  what  you  would 
say.  Oh!  it  would  be  so  delightful,  and  you  would  all  be  so 
happy." 

"Your  friends,"  said  I,  "will  soon  come  home,  and  they^ 
you  say,  dislike  the  rebels.  Now,  will  you  tell  them  that  I 
have  been  here  in  their  absence,  and  have  them  cause  search 
to  be  made,  and  have  me  captured?"  "Oh,  no,  sir;  God 
forbid !  I  will  never  say  one  word  about  it,  until  I  hear  that 
you  have  made  your  escape;  and  then  I  shall  be  so  happy, 
and  will  tell/them  all.  If  they  are  angry  at  me,  I  shall  be 
very  sorry;  but  it  won't  make  me  feel  that  I  have  done 
wrong.  If  they  call  you  a  rebel,  or  bad  names,  I  shall 
know  that  you  don't  deserve  it,  and  I'll  tell  them  so,  and 
may  be  they'll  believe  me."  Stealing  a  kiss  from  the  sweet 
child,  I  replied,  "Remember,  that  many,  very  many  of  those 
they  call  rebels,  are  good  men,  and  do  what  they  think  if> 
right.  Be  kind  to  them  when  you  see  them,  as  you  have  to 
me,  and  God  will  reward  you  foi  it;  and  when  I  get  home, 
I  will  tell  my  mother  and  sisters  all  about  the  kind  little 
orphan  girl  of  Canada,  and  they  will  love  her,  and  pray  to- 
God  to  bless  and  make  her  happy."  And  thus  we  parted. 
Often  has  the  image  of  that  sweet  orphan  child,  in  my  dark- 
est hours,  appearetl  to  me  in  my  visions  of  the  past,  anc^ 
made  me  feel  happier. 

The  refreshments  I  had  taken  made  me  feel  quite  well, 
w^ith  the  exception  of  weakness;  and  with  a  thankful  hear^ 
I  again  sought  safety  in  the  bush,  with  the  intention  of  keep- 
ing  it,  until  I  should  arrive  at  the  house  of  a  fiiendj,  distauii 
about  ten  miles,  on  the  mountain  road. 


ENGLAND  AND  VAN  DIEMAN'S  LAND. 


41 


one  was 
her  own 
new  her 
^ou;  and 
3me  and 
n  about 
nd  kiss 
le  door, 
would 
II  be  so 

d  ihey^ 

that  I 

search 

r;  God 

^ar  that 
happy, 
tiall  be 
done 
[  shall 
o,  and 

sweet 
'  those 
ink  is. 
ive  to 
borne, 

little 
ay  to 
arted. 
dark- 
,  ancJ 

well, 

heart; 
eep^ 
stall! 


At  sunset  I  stepped  out  of  the  bush  to  reconnoitcr,  and  was 
instantly  seen,  and  pursued  by  a  troop  of  cavalry  which  occu- 
pied the  road  150  yards  distant.  Turning  back,  I  ran  in  an 
opposite  direction,  until  out  of  sight  of  my  pursuers,  when  I 
ajjain  changed  mv  course,  and  soon  had  the  satisfaction  of 
hearing  them  shouting  and  hallooing  to  each  other  in  the  dis- 
tance. 1  traveled  all  night,  although  not  a  star  was  visible  to 
guide  my  course,  and  there  was  constant  danger  of  putting 
out  my  eyes  in  the  thick  underwood.  Break  of  day  found  me, 
quite  exhausted,  in  the  outskirts  of  a  small  clearing.  Lying 
down  to  rest,  I  soon  fell  asleep.  The  sun  was  high  in  the 
heavens,  when  a  noise  awoke  me,  and  on  opening  my  eyes,  I 
saw  a  man  about  fifty  paces  distant,  driving  some  cows  jiast ; 
but  he  took  no  notice  of  me,  although  1  lay  entirely  exposed  to 
view.  After  lialf  an  hour's  travel,  I  came  to  a  clearing,  con- 
taining two  dwelling  houses.  Feeling  it  impossi})le  to  go 
farther  without  food,  I  determined  to  run  the  risk  of  paying  my 
respects  to  the  occupants  of  one  of  the  buildings ;  though  which 
to  choose  was  my  greatest  difficulty.  Something  whispered 
me,  to  avoid  the  one  nearest,  and  I  went  around  to  the  o])])Osite 
side  of  the  clearing,  and  approached  the  other,  which  served 
to  cover  me  from  the  first.  A  lady,  of  respectable  appearance, 
was  in  the  yard  feeding  poultry.  Several  small  urchins,  whose 
countenances  were  the  index  of  the  matron's,  were  playing 
around. 

"  This  is  a  fine  morning.  Madam, — I  trust  my  appearance, 
although  a  stranger,  will  not  disconcert  you  ;"  1  added,  for,  at 
my  first  salutation,  she  suddenly  started,  letting  the  dish  of 
corn  fall  to  the  ground,  to  the  great  joy  of  the  chickens,  which 
jit  once  volunteered  their  services  in  gathering  it  up.  Sh(i 
hesitated  a  moment,  and  then  replied,  surveying  me  the  whiles 
with  a  scrutinizing  eye  :  "These  arc  strange  and  trying  times, 
sir,  but  I  ought  to  apologise  for  my  awkwardness  just  now. 

May  I  inquire  your  name  and  pleasure?"     "My  name  is , 

and  being  a  citizen  of  the  United  States,  and  a  stranger  in  this 
region,  I  wish  to  inquire  the  way  and  distance  to  Smithville, 
whither  I  am  going."  Pardon,  indulgent  reader,  for  I  told  her 
a  plump  lie.     "  It  is  only  two  miles  and  a  half  to  that  place," 


48 


NOTES  OF  AN  EXILE,  ON  CANADA, 


^\\ 


she  answered.  "  Pray,  Madam,  can  you  tell  me  if  any  more 
of  the  Short  Hills  rebels  have  been  captured T"  "I  hear,' 
said  she,  with  a  sigh,  "that  nearly  all  have  fallen  into  the 
hands  of  their  enemies.  It  is  dreadful  to  think  of  it,  sir ;  for, 
they  say,  every  man  will  be  hung."  "  I  know  of  one  whom 
they  have  not  yet  caught,  and  who  will  feel  very  thankful  if 
you  will  furnish  him  with  a  breakfast.  Madam,  my  name  is 
Miller, — and  the  British  government  would  feel  great  pleasure 
in  stretching  my  neck  ;  but,  as  I  do  not  wish  to  give  them  that 
trouble,  nor  yet  to  starve  to  death  in  the  bush,  I  have  ventured 
here  for  temporary  relief."  "Go  into  the  house  quick,  sir, — 
quick !  quick !  or  you  are  lost."  She  followed  me  in, — after 
placing  her  oldest  boy  on  sentry,  to  watch,  and  report  if  he 
saw  any  movement  at  the  other  house, — she  informed  me  that 
it  was  occupied  by  several  men,  wiio  were  on  the  lookout  for 
the  rebels,  and  added,  that  her  husband  was  a  rebel  at  heart, 
but  had  been  under  the  necessity  of  turning  out  with  the 
militia  of  the  country,  or  be  thrown  nito  jail  and  lose  his 
property.  "Indeed,"  she  added,  "nearly  all  the  Canadians  would 
fight  against  the  government,  if  there  was  any  prospect  of 
success."  I  remained  an  hour,  ate  a  hearty  breakfast  and  took 
my  leave,  after  being  assured  there  would  be  no  danger  in 
traveling  the  road.  I  was  not  a  little  chagrined  to  find  that, 
with  all  my  exertions,  I  was  only  three  miles  from  the  logs 
where  I  had  lain  two  davs. 

Finding  it  difficult  to  get  through  a  large  swamp  which  lay 
in  my  way,  I  was  foolish  enough  to  risk  traveling  about  three 
miles  in  the  road.  I  had  passed  the  swamp,  and  in  five  minutes 
more  should  have  entered  the  forest  again,  which  extended  to 
the  house  of  my  friend,  when  a  lieutenant  and  subaltern  officer 
belonging  to  the  enemy's  cavalry,  suddenly  made  their  appear- 
ance from  a  hill  in  the  road,  which,  until  then,  had  prevented 
my  seeing  them.  I  turned  carelessly  aside,  got  over  the  fence 
into  an  adjoining  field,  about  one-fourth  of  a  mile  in  width, 
the  opposite  side  of  which  was  bounded  by,  as  I  supposed,  an 
extensive  forest,  and  waited  for  the  two  gents  to  pass,  supposing, 
from  their  actions,  that  I  was  not  noticed.  They  rode  slowly 
along  until  within  twenty-five  yards,  and  then  charged  upon 


ENGLAND  AND  VAN  D»EMAN  S  LAND. 


43 


me,  with  as  much  energy  as  would  have  served  to  rout  a  host 
of  the  enemy — shouting,  "  surrender  or  die !"  Not  intending  to 
do  either,  I  ran  across  the  field  to  the  bush.  The  heutenant's 
horse  cleared  the  fence  (seven  rails  high)  at  the  first  bound,  but 
the  other  balked,  and  his  rider  was  forced  to  dismount  and 
follow  on  foot.  To  my  surprise,  I  found  the  bush  to  be  only 
a  narrow  strip,  less  than  a  quarter  of  a  mile  in  depth,  but  I 
had  no  other  alternative,  and  ran  through  k  to  a  second  field, 
equal  in  extent  to  the  first,  beyond  which  was  an  extensive 
swamp,  that  would  have  enabled  me  to  baffle  my  pursuers,  on 
whom  I  had  gained  considerably  ;  but,  alas  \  my  strength  was 
fast  failing,  and  I  became  sensible  of  the  fcarfid  odds  against 
which  I  had  to  contend.  I  put  my  hand  to  my  pocket,  where 
I  expected  to  find  a  pair  of  old  and  tried  friends,  in  the  form 
of  pistols ;  but,  to  my  horror,  found  they  had  deserted  their 
master  in  his  hour  of  greatest  need  ;  a  hole  in  the  bottom  of 
my  pocket  told  the  manner  of  their  escape.  My  pursuers 
were  armed  cap-a-pie,  and  my  strength  seemed  insufficient  to 
carry  me  across  the  field.  "  Stop, — stand, — surrender,  or  1*11 
fire':"  -nd  been  constantly  sounding  in  my  ears  during  the 
chap:  liUout  producing  any  other  effect  on  me  than  a  shout 
of  deiiiuice,  intended  on  my  part  to  provoke  them  to  discharge 
their  carbines  and  horse-pistols,  that  I  might  have  the  better 
chance  witli  my  own  small  arms,  when  we  should  come  to 
t'lose  quarters  ;  but  now,  as  they  were  gone,  I  hastily  prepared 
for  the  worst.  I  carried  a  large  pocket-book  in  my  side  pocket, 
containing  papers  of  the  utmost  importance  to  our  cause ;  and 
my  life  I  valued  as  nothing,  compared  with  their  safety. — 
Thrusting  my  hand  into  my  pocket,  I  drew  it  forth  ;  but  the 
emergency  of  the  case  would  not  admit  of  any  separation  or 
reserve  of  its  contents,  which  were  of  some  value.  Holding  it 
before  me,  I  passed  near  a  pile  of  rails  in  the  middle  of  the 
field,  when,  fortunately,  my  pursuer  on  horseback,  turned  his 
head,  and  called  to  his  comrade  to  hurry  on,  during  which, 
without  either  slacking  my  pace,  or  stooping,  I  threw  it  under- 
neath the  rails — and  it  was  safe  !  Whc.i  I  reached  the  opposite 
side  of  the  field,  I  was  so  exhausted  as  to  be  unable  to  climb 
over  the  fence.     The  swamp  was  within  eight  yards,  and  once 


44 


NOTES  OF  AN  EXILE,  ON  CANADA, 


fairly  into  it,  my  pursuers  had  not  dared  to  follow.  The 
lieutenant  on  horseback  was  not  so  near  by  a  few  paces  as 
when  the  chase  commenced  ;  but,  alas,  like  a  drowning  man, 
I  was  so  far  gone  as  to  be  unable  to  lay  hold  of  a  life  preserver 
within  reach! 

Reader,  Jonathan  threw  himself  upon  his  back,  and  cursed 
the  Philistines,  into  whose  hands  he  had  fallen.  Thus  ended 
his  dreams  of  a  glorious  campaign  in  Canada — of  splendid  victo- 
ries won — of  the  triumph  of  liberty  over  our  northern  regions — 
and  deeds  of  noble  daring  and  renown,  performed  by  his  humble 
self!  Alas,  that  hopes  so  bright  and  promising  should  thus  be 
blasted !  The  author  confesses,  with  feelings  of  deep  mortifica- 
tion, that  his  end  was  inglorious  and  unenviable. 


'       CHAPTER    V. 

The  brave  Lieutenant. — Falsehood. — The  Board  of  Magistrates.— Trip  to  Head 
Quarter!. — An  Unpleasant  Occurrence. — The  Rescued  Lancers. — Arrival  of  Col. 
Townsend. — Scene  at  the  Pavilion  Hotel. — The  Author  in  Prison. 

"Ip^  you  make  a  single  motion,  that  moment  is  your  last,'' 
said  the  brave  ofiicer  of  cavalry,  who  had  the  honor  of  captur- 
ing me.  He  was  twenty  yards  distant  when  he  delivered  this 
important  speech.  Before  he  could  muster  sufficient  courage 
to  approach  nearer,  he  described  a  half-circle  round  me,  to  see 
if  I  had  any  arms,  or  dangerous  weapons  for  defence.  When 
satisfied  that  I  was  harmless  in  this  respect,  he  threw  himself 
from  his  foaming  steed,  and  advanced,  with  his  drawn  sword 
in  one  hand  and  a  pistol  in  the  other  ;  evincing,  however,  great 

caution  in  his  movements.     "Now  you  d rc])el,  if  you 

move,  or  call  for  help,  I  will  blow  your  d brains  out.     Get 

up  instantly,  and  march  back  to  the  road." 

"  Not  so  fast,  fellow,  I  shall  not  move  an  inch  until  rested; 
and,  in  the  mean  time,  you  will  perhaps  oblige  me  by  showing 
your  authority  to  command  me,  and  also,  for  applying  the 
epithet  of  rebel  to  an  American  citizen,  for  such  I  claim  to  be. 


W 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


45 


Rebel,  sir,  is  a  very  significant  term  to  apply  to  a  stranger, 
and  I  caution  you  to  be  more  careful." 

**If  not  a  rebel,  what  are  you]  Why  did  you  run  from  us? 
Why  not  stop,  when  called  upon  to  surrender  ?  You  are  the 
leader  of  the  Short  Hills  party,  and  your  men  are  near,  in  this 
swamp,  or  you  would  not  have  run  in  this  direction :  up  and 
march  back,  or  J  will  run  you  through,"  and  he  pricked  my 
side  with  his  sword. 

"  Shame  on  you,  coward !  to  draw  your  sword  on  a  defence- 
less man !  You  are  a  disgrace  to  your  profession.  As  for 
men  in  ll  s  bush,  there  are  none  that  I  am  aware  of,  so  do 
not  frighten  yourself  to  death.  When  I  have  rested,  I  will 
return  with  you  to  the  road,  and,  I  dare  say,  I  can  convince 
you,  I  am  not  the  great  personage  you  speak  of.  In  the  mean 
time,  make  yourself  easy.  You  will  lose  your  labor  in  threat- 
ening me,  as  I  shall  not  stir  until  I  get  over  the  chase  you  have 
frivcn  me.  Fine  times  these,  when  a  man  can't  travel  through 
the  country  without  getting  a  troop  of  blackguards  after  him, 
and  be  complimented  with  the  term  rebel,  too, — very  fino 
times  indeed ! " 

By  this  time  his  companion  had  come  up,  and  while  one 
held  a  cocked  pistol  to  my  head,  the  other,  with  a  trembling 
hand,  ventured  to  search  my  pockets — whether  for  booty  or 
pistols  I  know  not — certain  I  am,  however,  they  found  neither. 
The  only  article  on  my  person  was  the  pocket  Testament,  upon 
which  I  had  sworn  our  prisoners  at  the  Short  Hills.  I  had 
made  it  the  companion  of  my  travels,  in  all  my  expeditions  in 
Canada,  and  had  an  invention  of  my  own  for  keeping  notes  in 
it.  They  examined  it  closely,  but  could  make  nothing  of  it. 
It  vvas  afterwards  sent  to  all  the  great  geniuses  in  Canada,  in 
search  of  a  reader,  and  at  last  returned  to  me.  Had  they 
guessed  how  many  valuable  secrets  it  contained,  I  had  never 
seen  it  again. 

1  was  again  ordered  to  get  up,  and  again  refused  to  do  so, 
upon  which,  the  fellow  who  came  on  foot,  snapped  his  pistol 
at  me,  but  it  either  missed  fire,  or  he  had  taken  the  priming 
out,  thinking  to  frighten  me  into  obedience.  I  laughed  at  him 
for  liis  pains,  and  told  him  to  try  again  with  fresh  priming. 


46 


VOTES  OF  AN  EXILE,  ON  CANADA, 


When  sufficiently  rested,  I  returned  with  them  to  the  road, 
where  the  whole  troop  were  assembled — about  thirty  in  num- 
ber— and  such  a  pow-wow  I  never  saw  before  or  since  ;  such 
boasting,  shouts  of  rejoicing,  horse  manceuvring,  prancing 
of  steeds,  and  warlike  capers  of  every  description !  Every 
man  in  the  troop  proved  himself,  by  his  words  and  mad  freaks. 
"  half  a  horse  and  half  an  aligator."  They  had  captured  a 
d rebel,  and  although  but  two  of  their  number  had  partici- 
pated in  the  glorious  chase,  yet,  the  whole  troop  would  share 
in  the  honor ;  and  already  they  felt  themselves  of  as  much 
importance  as  the  Duke  of  Wellington's  Horse  Guards.  They 
had  won  eternal  glory  in  a  single  hour. 

"Gentlemen,"  said  I,  "  you  can  spare  y-ourselves  all  this 
rejoicing.  I  shall  take  care  that  you  learn  a  lesson  from  the 
events  of  this  morning,  which  you  will  not  soon  forget.  I 
give  you  f^air  -warning  that  I  am  not  the  prize  you  deem 
me. 


J) 


"  Pray  what  are  you  theni?  Why  did  you  run  from  us  if 
not  a  rebel?" 

"  I  am  an  American,  traveling  on  private  business.  I  own 
the  chase  we  have  ju&t  had  looks  rather  suspicious  until 
explained.  But  every  man  knows  his  own  affairs.  My 
reasons  for  trying  to  avoid  you  were  simply  these:  I  have 
private  business  of  impertamce  to  transact,  which  can  not 
be  delayed.  I  crossed  into  tfce  country  the  morning  after 
the  affair  at  the  Short  Hills,  and  was  advised  to  return,  as  I 
would  be  liable  to  be  apprehended  wnd  thrown  into  prison, 
by  the  first  party  of  military  1  might  (chaTKie  to  fall  in  with. 
This,  however,  did  not  drive  me  back,  but  I  determined  to 
travel  in  the  woods,  avoid  the  public  roads  and  parties  who 
are  out  in  search  of  the  rebels,  transact  my  business,  and 
return  in  the  same  way.  What  ray  affairs  are,  which  are  so 
urgent,  is  none  of  your  business,  gentlemen;  but  it  was  to 
prevent  any  delay  or  interference  from  you  that  I  ran  when 
we  so  unfortunately  met.  Now,  you  can  act  your  pleasure 
with  reference  to  Iwlding  me  in  custody,  or  letting  me  pass; 
but  remember,  if  there  is  any  law  or  justice  in  the  land,  I 
will  have  ample  damages  for  every  raiment  I  am  delayed, 


■m 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


47 


and  for  every  insult  you  may  choose  to  offer  me.  What  I 
say,  you  will  find  me  able  to  perform,  for  1  have  friends  who 
will  sec  justice  done  me." 

Reader,  the  author  must  confess  his  sins  to  thee  again. 
The  above  concatenation  of  lies  was  invented  and  dealt  out 
to  his  captors  on  the  spur  of  the  moment,  for  the  very  laudable 
purpose  of  saving  his  neck,  if  possible,  from  being  stretched; 
and  if  thou  canst  lay  thy  hand  on  thy  heart  and  say  thou 
wouldst  not  have  done  likewise,  under  similar  circumstances, 
thou  art  a  very  honest,  conscientious  man,  and  withal  an  ex- 
ceeding great  fool, — for  which  last  expression,  applicable  to 
thee,  reader,  under  the  foregoing  hypothesis,  he  again  humbly 
begs  thy  pardon.  Had  he  thought,  however,  that  he  had 
done  -wickedly,  and  actually  deserved  the  kind  offices  of 
"Jack  Ketch,"  he  might  possibly  have  been  so  foolish  as 
to  assist  in  twisting  a  rope  wherewith  to  hang  himself. — 
Honest  men  sometimes  differ  upon  points  of  great  nicety; 
none  but  genuine  fools  being  infallible. 

The  officer  most  active  in  my  capture,  listened  attentively 
to  my  fabrication,  and,  after  consultiDg  bis  subalterns,  an- 
swered :  "  Your  story  is  plausible,  and  may  be  true  :  I  hope 
it  is, — still,  it  is  my  duty  to  take  you  before  the  nearest 
magistrate,  and  leave  you  to  his  disposal.  If  you  are  releas- 
ed, I  will  bring  you  back  to  this  place,  if  you  wish  it,  and 
make  you  any  reasonable  compensation  for  loss  of  time." 

He  then  ordered  my  arms  to  be  tied  behind  with  ropes, 
and  directing  his  troop  to  proceed  on  their  way,  mounted 
rae  on  horseback  behind  the  subaltern  who  had  assisted  in 
my  capture,  and  the  trio  rode  a  distance  of  three  and  a  half 
miles  to  the  "forty,"  Where  "the  American  traveler"  was 
soon  introduced  to  the  village  magistrate,  a  nice  old  gentle- 
man of  apparently  very  modest  pretensions.  He  listened 
with  the  most  profound  attention,  first,  to  the  story  of  my 
captors,  then  of  myself;  drummed  his  fingers  for  twenty 
minutes  upon  a  Bible  which  lay  before  him,  until  inspired 
by  sound  wisdom  and  judgment,  and  then  gave  utterance  to 
a  determination  on  his  part,  not  to  interfere  in  the  matter; 
4it  the  same  time  advising  my  captors  to  be  cautious  in  their 


48 


NOTES  OF  AN  EXILE,  ON  CANADA, 


if 

11  li 


tlealings  with  me,  as  there  was  no  proof  of  my  liability  to 
arrest.  The  lieutenant,  however,  rejecting  this  excellent 
counsel,  took  me  on  about  five  miles  farther,  where  two 
magistrates  resided;  but  met  with  the  same  success  as  at 
first.  They  said  they  would  not  meddle  with  me,  and  my 
captors  had  better  either  take  me  back  where  they  found  me, 
or  carry  me  to  St.  Catharines,  where  a  board  of  magistrates 
was  sitting,  which  would  probably  assume  the  responsibility 
of  discharging  me.  To  my  mortification,  the  fellows  deci- 
ded to  go  forward,  instead  of  back;  but  I  affected  indifference 
upon  the  subject,  merely  telling  them  their  bill  of  costs 
would  be  a  "considerable  pretty  sum,"  if  they  meant  to 
drag  me  through  the  whole  province  with  my  arms  pinioned. 
They  promised,  faithfully,  to  carry  me  back,  unless  ordered 
otherwise  whither  we  were  going. 

At  St.  Catharines,  the  board  of  magistrates,  among  whom 
were  two  good  Patriots,  who  knew  me  well,  was  about 
discharging  me,  when  orders  arrived,  that  every  person  appie- 
hended  should  be  forwarded  to  head  quarters  at  Drummonds- 
ville,  Niagara  Falls.  All  hopes  of  escape  were  now  at  an 
end,  unless  a  favorable  opportunity  should  occur,  to  give  my 
watchful  guards  "  the  slip  "  on  the  way.  I  continued  to 
affect  unconcern,  although,  in  truth,  my  neck  began  to  feel 
somewhat  uncomfortable. 

A  w^agon  was  procured,  and  I  took  my  seat  between  the 
guards,  for  a  drive  to  the  Falls,  heartily  wishing  wagon, 
guards,  ropes,  and  all,  myself  not  excepted,  in  the  bottom  of 
Lake  Erie.  Passing  a  hotel,  one  mile  from  head  quarters,  a 
very  unpleasant  denouement  took  place.  One  of  the  lancers, 
of  Short  Hill  memory,  rushed  from  the  door,  exclaiming, 
" Oh!  Holy  Virgin,  have  they  got  you!     I  would  rather  see 

my  own  brother  a  prisoner ;  but  they  shan't  hang  you  by ! 

Oh  dear!  Oh  dear!"  My  two  captors  turned  deathly  pale. 
*'  Good  heavens !  "  said  they,  "  is  it  possible!  and  are  you 
really  a  rebel?  We  believed  you  innocent;"  and  the  kind 
feelings  which  they  manifested,  made  ample  atonement  to  me 
for  their  previous  conduct  and  agency  in  the  affair.  One  of 
them  whispered  to  me,  "  Why  did  you  not  tell  me  the  truth? 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


49 


)ale. 

you 
Ikind 
me 
je  of 

uth? 


« ' 


you  should  never  have  come  here.  I  am  a  Patriot  myself, 
in  heart,  but  have  been  obliged  to  turn  out  on  military  duty 
or  go  to  jail." 

Arriving  at  the  Pavilion  Hotel,  a  scene  ensued  which 
baffles  description.  The  lancers,  and  others,  who  were  our 
prisoners  at  the  Short  Hills,  at  once  besieged  me;  and  my 
hands,  were  tortured  for  some  time  with  their  warm  squeezes 
and  shakes;  and  my  ears  inundated  with  protestations  of 
sorrow  at  seeing  me  a  prisoner,  and  eternal  gratitude  for  my 
interference  in  their  behalf.  Some  of  those  who  were  in 
the  greatest  danger  on  the  occasion  referred  to,  shed  tears; 
and  all  swore  that  not  a  hair  of  my  head  should  be  injured. 
The  24th  Regiment,  and  several  hundred  militia  and  volun- 
teers v/ere  present.  All  gathered  around  the  wagon  where 
I  sat,  the  officers,  with  one  or  two  exceptions,  expressing 
their  rejjret  at  my  having  been  taken.  They  had  been  in- 
formed of  my  conduct  at  St.  Johns,  and  had  hoped  I  should 
escape. 

Meanwhile  the  lancers  were  describing  my  interference  in 
their  behalf  to  the  surrounding  soldiery,  who  appeared  to  be 
much  excited;  and  I  heard  hundreds  declaring  that  1  ought 
to  be  at  once  discharged,  and  that  I  should  not  be  harmed; 
when  Colonel  Townsend,  of  the  24th — who  commanded  in 
the  absence  of  Sir  Allan  McNab — accompanied  by  his  staff, 
rode  up;  and  his  eye  kindled  with  savage  fury  as  he  sat  in 
.silence  for  a  few  minutes,  gazing  upon  the  scene  before  him. 
His  own  regiment,  as  well  as  the  other  forces,  were  in  a 
state  bordering  on  mutiny.  When  he  was  first  observed, 
the  confused  noise  and  murmur  of  many  voices  was  hushed 
for  a  minute  or  so;  but  it  soon  commenced  again,  and  "  he 
shan't  be  hurt,"  was  uttered  by  many  a  resolute  soldier,  in 
defiance  of  the  savage  looks  of  his  commander.  "Silence!" 
at  last  burst  forth  from  his  quivermg  lips  like  thunder.  "Is 
this  her  Majesty's  24th?  Is  this  their  loyalty  to  their  sove- 
reign? I  w^ould  never  have  believed  that  my  regiment  could, 
under  any  circumstances,  behave  thus.  Shame !  shame,  my 
men !  Remember  your  oaths,  and  your  duty  to  your  sove- 
reign." Turning  to  me  he  vented  his  spleen  and  rage)  in  a 
4 


50 


NOTES  OF  AN  RXILK.  ON  CANADA. 


speech  intended,  no  doubt,  less  for  my  ears  than  those  of 
his  own  men. 

"So,  sir,  we  have  got  you  at  last,  you  d rebel  sym- 
pathiser. I  congratulate  the  country  upon  your  capture. 
You  are  the  most  valuable  prisoner  ever  yet  taken  by  our 

forces,  and,  by ,  we'll  make  sure  work  of  you!     I  will 

try  you  to-morrow  morning  at  break  of  day  on  a  drum-head 
court  martial,  and  ere  the  bun  rises  again,  you  shall  be  shot." 
A  voice  from  one  of  the  lancers:  "  You  shall  shoot  me  first." 

A  dozen  voices  from  the  crowd :  "He  sha'n't  die,  by !" 

The  orator  again  shouted,  —  "Silence!  Shame!  men  — 
shame!" 

Taking  advantage  of  the  temporary  silence,  I  spoke  as 
follows:  "Col.  Townsend,  this  torrent  of  abuse  comes  with 
an  ill  grace  from  a  man  in  your  station.  Had  we  met  upon 
equal  terms,  you  had  not  dared  thus  to  insult  me.  Captive 
though  I  am,  my  spirit  is  free  as  my  native  air,  and  I  scorn 
your  abuse,  as  I  defy  your  malice  and  rage.  Death  has  no 
terrors  to  me  ;  and  life,  through  the  events  of  this  day,  has 
become  valueless.  It  is  better  to  die,  than  live  under  the 
lash  of  tyrants  ;  so ." 

The  Colonel  interrupted  me. — "Silence,  scoundrel!  —  an- 
other word  and  you  shall  be  gagged.  The  other  prisoners 
whom  we  have  taken,  are  innocent  compared  with  you.     It 

is  such  d scoundrels  as  you  who  have  incited  them  to 

rebellion,  and  kept  the  country  in  a  constant  state  of  alarm 
for  months.     You   richly   deserve   the   worst  death  which 

."    A  lancer:  "General,  he  saved  our  lives."    "Silence! 

— interrupt  me  again  and  I'll  punish  you. — Your  motives  for 
interfering  in  the  affairs  of  the  country  are  plunder  of  its 
peaceful  inhabitants.  There  stands  a  man  (pointing  to 
Overholt)  whom  your  party  robbed  of  a  thousand  dollars." 

"General,  he's  no  robber;  he  made  the  scoundrel,  Beemer, 
give  us  back  our  money  and  property,"  said  a  lancer. 

"Silence!  can  I  not  be  obeyed*? — Your  case  is  a  most 
aggravated  one, — there  is  not  a  single  point  in  your  favor. 
You  have  no  property  and  no  interest  in  this  country;  and, 
consefquently,  no  business  in  Canada.    You  deserve  to  have 


KUOLAND  AND  VAN  DIUMAN  «  LAND. 


51 


your  brains  blown  out  immediately,  and  your  captors  ought 
lo  have  shot  you  at  once,  instead  ol'  bringing  you  here;  but 
liieir  mercy  shall  not  avail  you  anything;  so  prepare  to  die 
to-morrow  morning  at  sunrise  —  for  die  you  shall,  by !" 

"General,  he  saved  (ujr  lives,  at  the  risk  of  his  own,  and 
he  shall  not  die!"  shouted  several  voices  in  one  bieath. 

"Have  you  any  request  to  make  before  you  are  taken  to 
the  cells]  for  to-morrow  morning  you  die !  Any  message  to 
your  friends  shall  be  sent,  although  you  don't  deserve  even 
that  favor." 

"My  friends  and  countrymen  will  save  you  the  trouble  of 
carrying  them  any  dying  message  from  me;  for  they  will 
t  ome  here  to  avenge  my  death,  and  you  will  do  well  to  be 
])repared  to  receive  them.  One  favor,  however,  I  crave, 
though  I  am  sorry  to  ask  it  of  a  tyrant.  A  Testament  was 
taken  from  me  by  my  captors, — I  would  have  that  returned, 
and,  also,  be  left  alone  until  my  hour  has  come.  You  will 
find  me  ready,  whenever  it  suits  your  convenience." 

"Ha!  ha!  ha!  the  d Yankee  is  frightened  to  die,  after 

all,  and  wants  to  pray.  Ha!  ha! — give  him  a  Bible;  he  needs 
it  bad  enough.  If  theri^  is  a  Hell,  he  will  get  his  share  of  it, 
with  all  other  rebels;  ha!  ha!  ha!"  Turning  to  an  officer  of 
the  24th,  he  said,  "Take  your  company,  put  heavy  irons 
and  hand-cufFs  on  him,  and  guard  him  to  the  cells,  and  if 
any  attempt  is  made  to  rescue  him,  blow  his  brains  out  first, 
and  then  fire  upon  the  mutineers." 

I  had  been  sitting  all  this  time  in  the  wagon  in  which  I 
had  rode  from  St.  Catharines.,  with  ray  arms  still  tied  behind.. 
When  the  Colonel  ordered  me  to  be  ironed,  one  of  the 
jancers  appeared  to  notice  for  the  first  time  that  I  was  pin- 
ioned. He  instantly  sprang  into  the  wagon  and  tearing  the 
.lopes  from  my  arms,  shouted,  "  Colonel,  he  saved  our  lives; 
look  off  the  ropes  with  which  we  were  bound,  and  set  us 
free;  and  he  shan't  be  ironed,  nor  bound  in  any  way,  by 
!     You  shall  shoot  me  first." 

A  murmur  of  approbation  arose  from  the  crowd,  and  many 
voices  shouted,  "  that's  right;  we'll  stand  by  you,"  when  the 
Colonel  exclaimed.  "Take  him  away, — away  with  him  at 


68 


NOTES  OP  AN  EXILE,  Olf  CANADA, 


once.  Never  mind  the  irons, — away  to  the  cell  with  him, 
or,  by  ,  we  shall  have  the  whole  army  in  a  mutiny.'* 

A  company  of  the  26th  took  me  in  charge,  and,  after 
shaking  hands  with  my  good  friends,  the  lancers,  who  told 
me  not  to  fear,— **  for,*'  said  they,  "he  dare  not  hurt  a  hair 
of  your  head — his  own  regiment  would  not  stand  it,"— I 
marched,  unfettered,  about  sixty  yards  to  the  guard-house. 
The  door  of  a  cell  in  the  basement  story  was  opened,  and  I 
walked  in.  There  was  no  bedding;  nothing  but  an  iron 
bedstead  and  a  piggin  of  water.  A  loaf  of  bread  was  shoved 
into  my  new  apartment,  which,  in  honest  indignation,  I  kick- 
ed with  my  foot  until  it  was  in  a  thousand  pieces,  and  then 
kicked  over  the  piggin  of  water. 

The  door  was  closed  and  bolted;  and,  for  the  first  time  in 
my  life,  I  heard  the  key  turned  upon  me,  and  felt  myself  a 
captive! 


CHAPTER    VI. 

The  Captives.— The  First  Night  in  Prison.— The  Examination. — The  Magistrates. 

"Who  are  youl" — a  voice  which  I  knew  to  be  Colonel 
Morrow's,  inquired,  from  an  adjoining  cell,  the  moment  the 
keeper  retired. 

"  What,  Colonel,  have  I  got  you  for  a  neighbor  in  this  horrid 
hole'?  I  was  in  hopes  you  had  escaped — I  call  myself  a 
Patriot ;  others  call  me  Miller ;  but  Colonel  Townsend,  with 
whom  I  have  just  had  a  very  pleasant  interview,  dignifies  me 
with  sundry  other  appellations,  such  as  rebel,  sympathiser, 
scoundrel,  robber,  brigand,  and  a  host  of  tender  epithets,  too 
numerous  to  mention.     But  when  did  you  arrive  f 

"  Last  evening,  escorted  by  a  guard  of  sixteen  rag-tag  and 
bob-tail  volunteers.  Townsend  was  as  polite  to  me  as  to  your- 
self. There  was  nothing  in  his  vocabulary  of  scurrility  half 
bad  enough  for  me.  If  there  is  any  dependence  to  be  placed 
upon  what  he  says,  we  are  all  doomed  men." 


\ 


ENGLAND  AND  VAN  DIKMAN  H  LAND. 


53 


*•  Whom  havo  we  for  companions,  Colonel]" 

*•  Most  of  our  party,  I  am  sorry  to  say,  are  taken.  Major 
Wait  and  your  friend  Deal  are  ainnn^  the  captured.  The 
men  generally  hear  their  ill  fortune  well;  but  some  are  selling 
the  lives  of  their  comrades  to  save  their  own  necks — Seymour 
and  Doan  are  the  principal  traitors.  Our  old  friend  Kemp,  of 
the  Short  Hills,  is  in  an  ndjoinini;  cell,  blubherin^'  about  his 
wif<\  rnrsincf  the  British  bitterlv.  and  threateninf'  to  take  the 
lives  of  the  traitors,  or  of  any  n^an  in  the  party  who  shall 
.say  a  word  to  implicato  him  in  any  manner,  or  even  pretend 
to  know  him  in  the  presence  of  the  authorities;  but,  hist!  did 
yon  not  hear  footsteps  in  the  passage?  Our  enemies  are  list- 
ening, and  if  we  are  not  cautious,  wc  shall  cut  each  other's 
throats.'' 

Putting  my  car  to  a  crevice  in  the  door,  1  distinctly  heard 
low  whispers  and  light  footsteps  in  the  ])aR/  ige.  Eaves-drop' 
pers  were  in  attendanf;e.  and  our  conversation  ended  for  the 
evening. 

As  this  was  the  first  night  I  had  ever  spent  in  prison,  arid, 
as  1  had  an  assurance  from  the  tvrant  Townsend,  that  it  sis 
my  last  on  earth — although,  in  truth,  I  much  doubtc'  Avhether 
he  would  execute  his  throats — my  r(;flections  wen  no  of  the 
most  agreeable  nature.  I  confcs?  I  felt  sad,  and  pained  at 
(leart.  It  was  not  so  much  on  my  own  account  that  J  sorrowed, 
])ut  tiierc  wore  others,  alas!  whose  kind  and  sympathising  hearts 
would  break  through  my  misfortunes.  Parents,  bi<»lhers,  sis- 
tors,  and  all  whom  I  most  loved,  would  be  stricken  to  the 
earth  by  this,  to  them,  dreadful  affliction.  The  thought  was 
agony.  Could  I  have  borne  all  myself,  I  should  have  been 
comparatively  happy  ;  but  no,  they  must  suffer.  I  could  not 
rob  a  mother  of  her  deep  affection  for  *  hild — I  could  not 
turn  a  father's  heart  to  stone,  that  he  should  not  feel  for  a 
son — I  could  not  blot  out  my  image,  which  was  graven  upon 
the  tablet  of  a  brother's  or  a  siste^*-  heart — else  had  I,  in  the 
bitterness  of  that  dark  hour,  done  so.  Imagination,  assisted 
by  memory,  called  up  th.it  peaceful  and  happy  fireside ;  and 
the  sweet  scenes  of  childhood  and  youth,  flitted  before  me. 
Tiiere  were  those  I  loved ;  quietude  and  peace  reigning  within 


m 


54 


NOTES  OF  AN  EXILE,  ON  CANADA, 


tlioir  little  circle,  and  the  angel  of  nnercy  smiling  upon  and 
guarding  their  habitation.  They  dream  not  of  the  dark  cloud 
fast  gathering  over  their  heads  ;  but,  quick  comes  the  messen- 
ger of  evil  tidings,  and  then  the  agonizing  shriek  ;  the  stricken, 
senseless  form,  of  that  kind,  attectionate  mother — the  groann 
of  that  venerable  father — the  tears  and  siglis  of  a  doting  brother 
and  sisters,  and  the  accusing  voice,  ''  Thou  lu't  the  causes  ol' 
this  woe! "  Dark  and  gloomy  as  was  my  cell,  I  involuntarily 
pressed  my  hands  over  my  eyes,  to  shut  out  the  dreactfiil 
vision. 

Then  came  my  own  evil  destiny,  frowning  upon  my  dark 
and  gloomy  soul.  Where  were  now  the  bright  visions  and 
youthful  hopes  that  had  lured  me  on  to  destruction  ?  All  had 
vanished  in  a  single  day !  Earthly  hopes  and  expectations 
blasted — annihilated!  Death  wore  a  smile  upon  his  grim 
countenance,  and  the  grave  seemed  the  only  reiuge  left.  Yet. 
while  the  desires  and  feelings  incident  to  frail  human  nature, 
especially  in  the  season  of  youth,  were  thus  suddenly  crushed 
and  destroyed,  think  not,  O  reader,  that  the  sorrowing  captive 
had  no  hope,  no  consolation,  to  cheer  his  desolate  heart — nc> 
honey  to  mingle  with  the  gall  of  his  bitter  cuj).  The  cause  in 
which  he  had  lost  so  much,  through  the  events  of  a  day,  was 
not  the  less  J!:st  and  righteous,  nor  did  he  love  it  less  than 
before.  He  believed  that  Canada  would  vet  be  free  ;  and 
although  it  might  cost  his  own,  and  the  blood  of  thousands, 
the  price  was  not  too  great  to  pay  for  a  nation's  birth.  He 
felt  that  he  had  walked  in  the  path  of  duty  ;  and,  that  lie,  in 
whom  he  had  hitherto  trusted,  would  not  withdraw  his  gracious 
support  in  the  trying  hour. 

Reader !  with  such  feelings  I  knelt  down  in  my  damp,  cheer- 
less cell,  to  hold  communion  with  the  Eternal  One,  and  a  "still, 
small  voice,"  whispered  to  my  aching  heart,  "  Fear  not,  for 
I  am  with  thee,  be  not  dismayed,  for  1  am  thy  God."  Stretch- 
ing my  weary  limbs  upon  the  damp  stone  floor,  I  slept  sweetly 
and  soundly.  Earth  had  no  sorrows  too  great  for  Heaven  anil 
sleep  to  soothe  and  heal. 

When  I  awoke  in  the  morning,  my  limbs  stiff  and  chilly^ 
with  the  cold  damp,  and  the  gloomy  walls  of  my  cell  met  my 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


00 


liowildered  siglit,  bringing  }iomc  the  stern  realities  of  my 
>:ituation  to  my  licart,  I  felt  a  sweet  ]»eaee  within,  of  whieli 
ea)>tivity,  and  the  malice  of  my  enemies,  had  no  power  to  roi) 
me  ;  and,  1  required  no  other  support,  to  enable  me  to  abide 
the  decrees  of  fate.  Sunrise  |)assed  without  the  threatened 
«^ourt-martial  and  death.  Had  the  tyrant  really  intended  to 
<;arry  out  his  saniruinary  threat,  liie  disposition  which  his  troops 
so  openly  and  resolutely  manifested  ujwn  the  subject,  would 
probably  have  deterreil  him.  I  learned  that,  after  my  removal 
to  the  cells,  the  ])revious  evening,  he  harangued  his  troops  for 
half  an  hour,  on  the  (>normity  of  their  conduct,  in  manifesting 

sym))athy  ft>r  a '-d Yankee;"  and  threatened  to  punish 

the  lancers,  or  others,  if  they  should  dare  to  again  say  any 
thing  in  n»v  favor. 

At  9  o'clock,  my  cell  door  was  thrown  open,  and  1 
was  ordered  out.  I  was  soon  joined  by  about  forty  others, 
who  were  confined  in  the  same  guard-house  ;  among  whom 
were  Colonel  Morrow,  Major  Wait,  Mr.  Kemp,  and  my 
friend  Deal.  We  met  as  strangers  ;  and  our  enemies,  who 
were  on  the  watch,  could  have  detected  nothing  in  the  looks, 
or  manners  of  any  one,  to  justify  an  opinion,  that  we  had 
ever  seen  each  ether  before.  I  looked  at  all  of  our  little 
parly,  but,  whenever  their  eyes  met  my  own,  I  could  scarcely 
refrain  from  smiling,  at  the  repulsive  scowl,  which  seemed 
to  say  very  plainly, — "  Please  to  look  the  other  way;  I 
neither  know  you  nor  wish  to.''  They  were  all  heavily 
iioned,  which  inconvenience  I  had  escaped,  through  the 
interference  of  the  lancers.  The  sergeant,  who  had  us  in 
charge,  soon  hand-cuffed  us  in  pairs.  Poor  Deal  crowded  up 
to  my  side  while  the  coupling  was  going  on,  and  we  were 
forthwith  united.  "  That's  a  little  too  tight,''  said  he, 
wringing  his  hand  in  agony,  when  the  key  was  turned, — but 
he  only  got  a  savage  look  for  his  complaint. 

W^e  were  marched,  under  a  strong  escort,  about  300  yards, 
to  a  hotel,  where  a  bench  of  magistrates  was  sitting,  for  the 
purpose  of  making  out  warrants  of  commitment  to  jail.  On 
tlu"  way,  Deal  got  a  chance  to  whisper  in  my  ear, — "  My 
nmne  is  not  David  Deal,  but  William  Reynolds.     They'll 


56 


NOTES  OF  AN  EXILE,  ON  CANADA, 


hang  me,  lynch  fashion^  if  they  find  out  I  was  with  Bill 
Johnson,  at  the  burning  of  the  Peel." 

Most  of  the  party  were  called  before  me,  and  I  observed, 
when  they  came  out,  that  their  countenances  wore  marks  of  x 
honest  indignation,  indicating  that  something  was  going  on 
within,  rather  unpalatable.  At  length  my  turn  came ;  the 
hand-cuffs  were  taken  off,  and  I  was  ushered  into  a  room, 
occupied  by  three  magistrates,  two  clerks,  half  a  dozen 
armed  soldiers,  the  traitors  Doan  and  Seymour,  and  two  of 
the  lancers. 

Two  of  the  magistrates  were  elderly,  respectable-looking 
gentlemen;  but  the  third  was  a  young,  green-looking  fellow, 
evidently  full  of  a  sense  of  his  own  importance,  with  but 
little  wit,  and  less  judgment,  and  in  every  respect  unfit  to 
perform  the  stern  duties  in  which  he  was  engaged.  Without 
any  reference  to  his  seniors  he  commenced  with, — 

"Well,  what  have  you  got  to  say  for  yourself?" 

"  That  depends  altogether  upon  what  you  have  to  say;  as 
yet  I  see  no  occasion  for  saying  any  thing." 

*'  Your  present  circumstances  appear  to  have  sharpened 
your  wits ;  but  I  had  forgotten  ;  you  are  a  lawyer ;  gentle- 
men, we  must  proceed  in  due  form, — he  !  he  !  he  !" 

"  My  profession  is  a  matter  of  perfect  indifference  ;  my 
misfortunes  are,  possibly,  less  serious  than  you  would 
insinuate. 

"  Be  they  light,  or  heavy,  you  are  charged  with  a  very 
serious  and  heinous  crime,  for  which,  if  convicted,  you  must 
answer  with  your  life  ;  and  of  your  conviction  there  can  be 
no  doubt.  You  can  make  any  statement  you  choose,  which 
will  be  taken  down  in  writing,  and  read  as  evidence  on  your 
trial.  I  give  you  this  caution  that  you  may  not,  unguard- 
edly, say  any  thing  to  commit  yourself." 

"  You  are  very  kind !  but,  as  the  simple  truth  will  answer 
my  purpose,  your  hint  will  be  lo  >t  upon  me." 

"D your  impertinence,  sir;  how  dare  you  answer  me, 

a  magistrate  of  Great  Britain,  in  this  manner  1" 

"  I  am  quite  sensible  of  your  importance,  though  youi 
magnitude  may  appear  somewhat  less  to  me,  than  to  your- 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


57 


self.  As  for  impertinence,  the  charge  comes  with  an  ill 
grace  from  your  worship." 

"  By  heavens !  Pll  have  you  punished  !" 

"  I  am  punished  already." 

«'How?" 

"  By  being  subject  to  the  caprice  of  a  magistrate  who  is 
unfit  for  his  business." 

"  You  d Yankee  blackguard  !" 

"  Thank  you,  sir,  for  your  compliments." 

"  Were  you  at  St.  Johns,  on  the  morning  of  the  21st  of 
June,  villain  ?" 

^'  Did  you  speak  to  me  ?" 

''  Yes,  and  expect  a  prompt  answer ;  were  you  there  or 
not?" 

"  Who  pretends  that  I  was?" 

"You  are  charged  with  being  there,  for  which  you  deserve 
to  be  hung !" 

'-^  Shot,  sir,  if  I  may  be  allowed  to  have  any  voice  in  an 
affair  of  so  little  importance.  But  who  charges  me  with 
being  there?" 

••''  There  stand  your  accusers,"  pointing  to  the  lancers,  and 
traitors. 

''  It  tbey  make  the  charge,  let  them  prove  it." 

"  Do  you  dare  to  deny  it  ?" 


*'Yes. 


..  " 


"Say  '  yes  sir,'  you  scoundrel!  am  I  to  be  insulted  in  this 
way  ?" 

"  Apply  the  epithet  scoundrel  to  your  equals ;  it  sounds 
harsh  to  the  ears  of  an  honest  man." 

Here  the  fellow  sprang  from  his  chair,  and  in  the  vehe- 
mence of  his  passion  gave  vent  to  shameful  oaths  and 
imprecations,  unfit  to  be  heard,  much  more  to  be  read. 
The  other  magistrates  sat  with  averted  faces,  laughing 
heartily,  during  the  foregoing  scene.  The  senior  now  inter- 
fered, and  severely  reprimanded  the  young  spalpeen,  telling 
him  he  had  received  proper  answers  to  all  his  questions. 
Taking  the  business  into  his  own  hands  it  was  soon  dis- 
patched ;  a  few  questions  were  asked  of  the  witnesses,  and 


58 


NOTES  OP  AN  EXILE,  ON  CANADA, 


I  made  a  statement  which  was  taken  down  by  the  clerk 
verbatim,  in  which,  I  told  the  truth,  although,  I  must 
confess,  not  the  whole  truth  ;  as,  had  I  done  so,  my  case 
would  have  been  hopeless  indeed.  I  was  required  to  sign 
it,  and  the  magistrate  witnessed  the  signature.  The  senior 
magistrate,  then,  and  on  my  trial,  proved  himself  my  friend. 
He  was  an  excellent  man,  and  there  are  many  such  in 
Canada.  On  returning  to  the  guard-house,  Deal,  or  Wil- 
liam Reynolds,  as  we  shall  call  him  in  future,  asked  to 
be  put  in  the  same  cell  with  myself.  This  was  granted,  and 
we  passed  such  a  night,  as  captives  are  wont  to  endure : 
and  thus  ended  the  second  day  of  bonds. 


CHAPTER   VII. 

Removal  to  Niogara. — Reflections. — Lundy's  Lnne. —  Morrow's  Toast —Tlie  Jail. — 
Friends  of  tlie  Prisoners. — Filial  AlTecilon,  &r.— Removal  to  Toronto. — Trp,iUiie;)l. 
— The  Fourth  of  July. — False  Alarms,  &c. —  SirGeoi^'  Arthur. — Return  tn  Niag- 
ara.—Special  Sessions. — Trial  of  the  boy,  Cooly. — The  Indicimeni. — The  Corrupt 
Court. 

Early  the  next  niornlng,  the  prisoners  were  removed  to 
Niagara  jail,  heavily  ironed,  and  escorted  by  a  company  of 
(!avalry.  I  was  hand-cuffed,  and  my  legs  tied  with  a  cord ; 
thanks  to  the  lancers,  who  still  resented  any  indignity,  or 
unnecessary  severity  imposed  upon  me.  My  reflections  upon 
leaving  the  vicinity  of  the  Falls  and  Lundy's  Lane,  as  I  sup- 
posed, forever,  were  somewhat  melancholy.  I  had  spent  some 
])leasant  days  here,  a  few  weeks  previous,  feasting  my  soul 
upon  the  sublimity  and  magnificence  of  the  mighty  cataract, 
and  wandering  over  the  battle-ground,  consecrated  by  deeds 
of  heroism  and  the  blood  of  brave  men.  The  probability  of 
my  spirit's  soon  joining  those  of  my  countrymen,  whose  bones 
lay  mouldering  in  the  mounds  I  had  visited,  recalled  to  my 
mind  my  last  visit  to  Lundy's  Lane.  A  Canadian,  who  fought 
on  the  bloody  night,  under  the  colors  of  the  enemy,  accompa- 
nied me,  and  pointed  out  the  ground  upon  which  the  principal 


ENGLAND  AND  VAN  DIEM  AN  S  LAND. 


59 


charges  and  most  sanguinary  conflicts  took  place  ;  the  niound:^ 
where  the  dead  of  both  parties  were  buried  ;  giving  also  a 
minute  detail  of  the  movements  of  the  two  cnmies  during  the 
action  ;  after  which  he  left  me  to  my  own  reflections. 

Evening  found  me  still  rambling  over  the  ground,  as  if  a 
spell  bound  me  there.  The  roar  of  the  not  distant  cataract, 
with  its  rushing  waters,  was  unheeded,  amid  the  feelings  which 
the  locality  called  forth.  They  were  new  to  me,  for  1  under- 
stood not  before,  that  the  human  heart  was  susceptible  of  such 
emotions.  Imagination  called  up  the  bones  of  the  slain,  clothed 
them  with  flesh,  inspired  them  with  life,  courage,  and  military 
.ardor,  and  enacjted  over  again  the  scenes  of  that  bloody  night. 
The  roar  of  the  cannon,  the  shouts  of  the  op[)osing  hosts,  the 
clash  of  l)ayonets,  the  streaming  wounds,  the  pools  of  blood, 
the  groans  of  the  dying,  and  the  mangled  dead,  all  passed 
before  me.  I  saw^  not  the  fierc<;  and  deadly  passions,  which, 
too  often,  lire  the  hearts  of  the  opposing  hosts  in  battle.  Pa- 
triotism and  personal  bravery  were  suflicient  to  account 'for 
every  valorous  deed,  and  every  noble  sacrifice  of  life.  Whether 
such  feelings  as  1  exj)erienced  were  acceptable  to  the  Almighty, 
I  know  not.  Perhaps  they  were  not.  The  s})irit  which  ani- 
mated the  breasts  of  the  dead,  when  they  here  yielded  uj) 
their  lives  upon  the  altar  of  their  country,  was  stirring  within 
my  own,  and  thrilling  my  whole  frame.  I  knelt  upon  their 
graves,  and  prayed  for  myself,  and  for  Canada  ;  that  final 
success  might  crown  die  eflbrts  of  her  sous,  to  emancipate  h(;r 
from  British  thraldom  ;  and  that  I  might  be  imbued  with  wis- 
dom and  strength  to  act  my  humble  part,  faithfully  and 
devotedly  :  and,  there  upon  my  knees,  I  dedicated  myself  to 
the  cause,  for  life  or  for  death,  as  Heaven  might  will. 

As  I  took  a  farewell  look  of  this  sublime  and  sacred  scenery, 
it  seemed  that  my  prayer  of  that  night  was  soon  to  be,  in 
part,  answered  ;  and  the  pledge  which  I  there  made  of  my 
life  required  at  my  hands.  There  was  no  bitterness  in  the 
thought;  no  regret  that  I  had  joined  my  fate  with  the  struggling 
Canadians  ;  for  conscience  told  me  I  had  done  my  duty,  fear- 
lessly and  faithfully.  It  was  enough  that  1  had  this  consola- 
tion.    It  was  enough   that  I  could  look,  in  humble  confi- 


60 


NOTES  OF  AN  EXILE,  ON  CANADA, 


deuce  and  faith,  to  a  happier  state  of  existence  beyond  the 
grave  than  I  had  found  on  earth,  and  that  I  dreaded  not  to 
enter  upon  the  dark  valley  of  the  shadow  of  death.  Still, 
however  lightly  I  might  prize  life,  however  fearlessly  I  might 
look  death  in  the  face,  there  were  others,  whose  sufferings 
on  my  account,  would  far  exceed  my  own  ;  and,  for  their  sake, 
I  wished  to  live,  and  resolved  not  needlessly  to  die. 

On  our  arrival  at  Queenston,  Colonel  Morrow,  greatly  to 
the  mortification  and  rage  of  the  officer  who  had  us  in  charge, 
drank  the  following  toast : 

"The  star  spangled  banner  of  liberty!  —  may  it  soon  be 
unfurled  again  upon  Queenston  Heights,  and  every  T  jry  in  . 
Canada  be  forced  to  do  it  homage  ! " 

At  Niagara  we  were  unfettered,  and  turned  into  the  jail. 
We  occupied  a  hall  during  the  day,  and  were  locked  into 
cells  at  night.  We  found  Messrs.  Chandler,  Bradey,  Brown, 
and  others — nearly  thirty  in  all — there,  who  had  arrived 
before  us.  Poor  Chandler  seemed  somewhat  uneasy  at  the 
prospect  of  death.  He  had  a  numerous  and  interesting 
family  resident  at  the  Short  Hills,  who  were,  in  a  measure, 
dependent  upon  him;  and  their  sufferings  on  his  account 
seemed  at  times  almost  to  unman  him.  His  daughters  attend- 
ed at  the  jail  constantly,   and  Miss  S ,  the  eldest,  was 

unwearied  in  her  exertions  to  soothe  her  father's  fears  and 
lighten  his  sorrows.  What  a  noble  sight  it  was  to  see*  that 
faithful  and  devoted  daughter,  hiding  her  own  emotions, 
concealing  aught  that  could  add  to  the  sorrows  of  her  parent, 
and  assuming  cheerfulness  and  hope,  which  she  did  not  feel, 
that  he  might  not  see  the  affliction  he  had  caused.  I  have 
often  watched  her  smiling  and  cheerful  looks, -while  in  the 
presence  of  her  parent;  but,  alas!  the  moment  his  back  was 
turned,  tears  of  anguish  would  gush  forth,  and  stream  down 
her  pale  cheeks,  speaking  in  language  louder  than  words, 
her  affection  and  devotion.  Here,  also,  I  saw  for  the  first 
time,  the  excellent  and  truly  estimable  wife  of  Major  Wait. 
Her  great  and  unwearied  exertions  in  her  husband's  behalf, 
since  then,  have  called  forth  the  sympathies,  and  elicited  the 
admiration  of  all  who  have  become  acquainted  with  her  con- 


ENGLAND  AND  VAJi  DIEMAN^S  LAND. 


61 


duct.  She  was  one  of  the  most  devoted  and  faithful  of 
wives,  and  happy  is  that  man  who  can  boast  of  her  equal. 

The  second  day  after  our  arrival  at  Niagara,  we  were 
removed  to  Toronto,  in  the  steamer  Expcrimentj  there  to 
stand  our  trials,  as  the  sherif  informed  us;  but  this  was, 
doubtless  not  the  real  cause.  The  4th  of  July  was  near, 
when  an  attack  was  expected  from  the  Patriot  forces,  and  it 
was  natural  for  them  to  wish  us  in  a  place  of  security,  as  a 
rescue  would  probably  be  attempted.  Our  situation  in  the 
Toronto  jail  was  exceedingly  uncomfortable.  Dirt  and  filth 
were  the  most  prominent  objects  within  the  walls;  but  hunger 
was  no  stranger  there,  our  daily  rations  being  only  twelve 
ounces  of  bread,  and  a  pint  of  bullock's  head  soup.  This 
last  was  so  very  filthy,  that  nothing  but  starvation  could 
have  enabled  any  christian  to  eat  it.  Upon  its  surface  was 
never  seen  floating  anything  that  resembled  grease;  but  some- 
thing which  looked  very  much  like  the  jaw-bone  of  an  ass, 
was  found  one  day  in  the  bottom  of  the  soup- bucket.  Alas! 
there  was  no  Samson  present  strong  enough  to  slaughter  a 
thousand  of  the  Philistines  with  it.  Had  that  sublime  per- 
sonage been  rationed  as  we  were,  he  would  have  lacked 
strength  to  perform  his  prodigious  feats. 

At  night,  Morrow,  Chandler,  Wait  and  Reynolds,  were 
taken  below  to  sleep  in  the  ground  cells.  They  were  heav- 
ily ironed;  those  upon  Morrow's  limbs  weighed  sixty  pounds. 
Reynolds  suffered  this,  in  consequence  of  a  charge  having 
been  made  by  the  traitors  that  he  was  engaged  in  the  burn- 
ing of  the  steamboat  Sir  Robert  Peel.  He  was  twice  con- 
fronted with  parties  who  were  present  during  the  Caroline 
tragedy,  without  being  recognized;  after  which  his  heavy 
irons  were  knocked  off,  and  he  was  permitted  to  sleep  in  the 
cell  with  me.  Had  he  been  recognized,  nothing  could  have 
saved  his  life;  so  enraged  were  the  Canadian  authorities  at 
the  perpetrators  of  an  outrage,  which  they  had  themselves 
sanctioned  by  their  unjustifiable  and  wanton  destruction  of 
the  American  steamer  Caroline. 

On  the  evening  of  July  3d,  an  alarm  was  given,  that  the 
Patriots  were  coming  to  attack  the  town.     Great  prepara- 


en 


NOTES  OF  AN  EXILE,  ON  CANADA, 


lions  were  made  to  receive  them,  if  one  could  judge  from 
the  noise  and  confusion  in  the  city.  A  strong  guard  surroun- 
ded the  jail,  to  protect  us,  poor  fellows,  from  insiilt  and 
liarm.  Doubtles,  it  would  have  broken  their  hearts,  had  we 
been  torn  from  their  affectionate  embraces  by  the  murderous 
Patriots.  It  turned  out  to  be  a  hoax,  however,  though  it 
kept  them  in  an  outrageous  uproar  all  night. 

The  morniufj  of  the  "Glorious  Fourth"  at  leno-th  dawned 
upon  us.  We  had  all  looked  forward  to  this  day,  with 
feelings  of  the  deepest  anxiety,  hoping  that  a  blow  would  be 
struck  for  Canadian  liberty.  Although  I  knev^r  the  late 
movement  at  the  Short  Hills  must  have  greatly  injured  our 
intended  rising,  &c.,  &c.,  still,  I  clung  to  the  hope  that 
something,  consonant  with  the  preparations  which  I  knew 
jmd  been  made,  woultl  be  done  towards  eifecting  the  great 
end  for  which  we  had  been  so  long  laboring,  and  the  salva- 
tion of  us  poor  prisoners.  The  day  was  a  long  and  tedious 
one,  and  it  was  hard  to  spend  this  season,  which  from  my 
earliest  recollection  had  been  one  of  joy  and  gladness,  within 
the  gloomy  walls  of  a  prison,  with  little,  if  any,  hope  of  life 
}or  the  space  of  another  short  month.  My  countrymen,  and 
"thousands  of  t^iose  who  were  bound  by  their  solemn  oaths 
not  to  desert  a  brother  in  the  hour  of  peril,  were  celebrating 
ihe  triumph  of  American  liberty,  while  1  was  in  prison, 
and  Canada  writhing  under  the  lash  of  the  oppressor.  A 
succession  of  false  alarms,  which  greatly  frightened  our 
enemies,  and  kept  us  in  a  state  of  intense  excitement,  closed 
the  day.  When  the  succeeding  day  had  passed,  and  all 
remained  quiet,  our  hearts  sank  within  us,  and  we  mourned 
as  those  who  have  no  hope.  Knowing,  how  long  and  anx- 
iously our  Canadian  friends  had  looked  forward  to  this 
anniversary  of  American  independence,  in  the  expectation 
that  it  would  prove  a  glorious  day  for  their  own  land,  and 
one  which,  in  future  years,  they  could  celebrate  as  their 
own,  I  feared  this  delay  of  our  plans  would  dishearten  them 
altogether.  My  faith  in  the  final  success  of  our  cause, 
remained  unchanged ;  but  it  was  melancholy  to  reflect,  that 
the  sun  of  my  life  must  set,  ere  the  star  of  Canadian  liberty 


ENGLAND  AND  VAN  DIENAN  S  LAND. 


63 


slioulc]  rise  to  shed  one  ray  of  its  cheerirjg  light  upon  iny 
soul.  I  felt,  that  could  I  only  see  the  standard  raised,  and 
our  hosts  rallying  round  it,  I  could  die  in  peace ;  hut  it 
would  be  very  hard  to  suflfer  upon  the  scaffold,  and  close  my 
eyes  forever  upon  earth,  till  then. 

His  Excellency,  Sir  George  Arthur,  and  suite,  visited  the 
jail  while  wo  were  there,  and  evinced  a  determination  to  be 
severe.  I  think  he  observed,  that  hanging  was  too  good  for 
us.  On  leaving,  he  advised  us  to  make  our  peace  with 
Heaven,  as  our  time  on  earth  was  short.  He  was,  I  should 
judge,  about  fifty  years  of  age,  in  stature  rather  btjow 
mediocrity,  round  shouldered,  his  head  gray  and  somewhat 
bald,  visage  long,  eyes  small  and  piercing,  and  the  general 
exi)ression  of  his  countenance  perfectly  passionless.  If  he 
had  feelings,  they  were  hidden  by  his  exterior.  No  physi- 
o«^nomist,  in  studying  his  face  and  features,  would  accuse 
him  of  possessing  a  heart.  But  there  was  a  compression 
about  his  lips,  which  strikingly  evinced  his  great  persever- 
ance, determination,  promptitude,  and  decision  of  character. 
These  qualities  he  possesses  in  an  eminent  degree ;  and 
probably  no  person  could  have  been  found  in  the  British 
dominions,  so  well  calculated  to  stand  at  the  helm  of  British 
interests  in  Canada,  during  those  trying  times.  Great  Bri- 
tain, is  indebted  to  him  for  the  preservation  of  the  Canadas 
as  dependencies  of  the  crown. 

On  the  14th  July,  we  were  taken  back  to  Niagara,  to 
stand  our  trials.  We  were  between  sixty  and  seventy  in 
number,  yet,  many  of  the  party  had  taken  no  part  in  our 
affairs,  but  were  thrown  into  jail  at  the  instigation  of  their 
Tory  neighbors.  The  grand  jury  were  called  together,  and 
"true  bills"  were  forthwith  found  against  those  whom  the 
government  had  selected  for  the  scaffold.  A  special  session 
of  the  court  was  convened  for  the  express  purpose,  and  not 
a  moment's  unnecessary  delay  took  place  in  the  ominous 
preparations.  The  Tories  thirsted  for  blood.  The  affair  of 
the  Short  Hills  was  certainly  an  outrage  upon  the  British 
government;  at  least,  Britons  would  deem  it  so  ;  still,  as  no 
lives  had  been  actually  taken  by  our  party,  there  was  no 


♦u 


NOTES  OP  AN  EXILE,  ON  CANADA, 


(• 


oxcuse  for  this  feeling ;  but  if  nothing  short  of  blood  would 
satisfy  them,  they  should  have  taken  care  that  the  most 
guilty  suffered. 

BecMiicr,  the  chief  agent  in  the  tragod}',  was  a  British  subject, 
of  their  own  raising  ;  and  not  one  of  my  countrymen  took  any 
part  in  tho  robbery,  &c.  It  afterwards  appeared,  from  the 
orrespondcnce  on  Canadian  affairs,  ordered  to  be  ])rinted,  by 
the  imperial  House  of  Commons  in  February,  1830,  in  a  letter 
from  the  Solicitor  General  of  Upper  Canada,  W.  H.  Draj)er, 
to  the  Lieut.  Governor,  and  forwarded  by  him,  with  remarks, 
to  the  home  government,  having  for  its  object  the  justification 
of  that  functionarv,  with  reference  to  the  execution  of  Colonel 
Morrow,  that  tiie  provincial  authorities  determined  to  execute 
one  of  the  party,  as  an  example  and  warning  to  the  disaffected 
on  both  sides  of  the  lines,  it  was  deemed  exj)edient  to  select 
the  one  whose  punishment  would  be  most  likely  to  produce 
salutary  results  ;  and,  in  order  to  strike  the  greater  terror  into 
the  ranks  of  the  Patriots,  and  avoid  the  sympathy  which 
would  naturally  be  excited  in  behalf  'of  the  intended  victim, 
it  was  resolved  that  the  punishment  should  follow,  as  soon  as 
possible,  the  commission  of  the  crime.  Hence  the  present 
court  was  culled. 

The  law,  under  which  it  was  determined  to  try  the  citizens 
of  the  United  States,  was  an  act  passed  by  the  Legislature  of 
Upper  Canada  on  the  12th  day  of  January,  1838,  providing 
tor  the  trial  of  foreigners  found  in  arms  against  hor  Majesty's 
government  in  the  province,  either  by  i-ourt-martial,  or  under 
the  civil  law,  at  the  sessions  of  Oyer  and  Terminer,  held  in 
the  district  where  the  offence  was  committed.  As  yet,  no 
American  citizen  had  been  tried  under  this  act,  in  the  civil 
courts;  and,  as  there  was  a  possibility  that  in  the  first  case 
tried  some  flaw  or  irregularity  in  the  indictment  or  other 
proceedings  might  occur,  George  B.  Cooley,  a  mere  lad,  and 
extremely  ignorant,  was  placed  at  the  bar,  merely  for  the 
purpose  of  testing  the  law  and  paving  the  way  for  a  more 
important  prisoner  and  doomed  man  to  walk  safely  to  the 
gallovrs.  This  poor  youth  was  tried  and  found  guilty;  and, 
although  I  was  informed  by  the  first  legal  gentleman  present 


ENGLAND  AND  VAN  DIEMAn's  LAND. 


65 


at  his  trial  that  it  was  irregular,  and  that  he  was  undoubted- 
ly entitled  to  an  immediate  discharge  from  custody,  he  was, 
in  consequence  of  being  friendless,  sent  with  the  others  to 
Van  Dieman's  Land,  where  he  still  remained  unpardoned  in 
September,  1845. 

After  Cooley's  trial,  my  own  name  was  called,  and  I  was 
hurried  up  stairs  into  a  densely  crowded  court,  and  placed 
in  the  prisoner's  box.  Judge  Jones,  of  Hamilton,  presided. 
A  jury  were  in  attendance;  the  Attorney  and  Solicitor  Gene- 
rals, were  in  their  places,  and  several  legal  gentlemen  in 
their  professional  gowns.  All  eyes  were  turned  upon  me, 
when  the  clerk  of  the  court  arose  and  read  my  indictmenij  * 
after  which  the  Solicitor  General  demanded, — 

*' Linus  Wilson  Miller,  what  say  you — guilty  or  not 
guiltyr^ 


*  A  ceitified  copy  of  the  iiidiciment  was  afterwards  obtained  from  the  government 
h}'  my  legnl  friends  in  London,  and  was  as  follows; 
"  Upi'EII  Canada,  Dintrict  of  Niagara,  to  toil: 

"  The  jurors  of  uur  Lady,  the  Queen,  upon  their  oaths  present:  That  Linu$  Wilson 
Miller,  laie  of  the  township  of  Pelham,  in  the  district  of  Niagara,  gentleman,  after 
vlie  ISth  day  of  January,  which  was  in  the  first  year  of  the  reign  of  our  said  Lady, 
Victoria,  by  the  grace  of  God,  uf  the  United  Kingotn  of  Great  Britain  and  Ireland, 
Queen,  defender  of  the  Faith;  tiiat  is  to  say,  on  the  twenty-first  day  of  June,  in  tlie 
s?coiid  year  of  the  reign  of  our  said  Lady,  the  Queen,  with  force  and  arms  at  the 
township  of  Pelham  aforesaid  in  tbe  district  aforesaid,  being  a  citizen  of  a  foreign 
Ptai»*  at  peace  with  the  United  Kinfdom  of  Great  Britain  and  Ireland,  that  is  to  say, 
C'f  the  United  States  of  America,  having  before  that  time  joined  himself  to  divers 
hubjects  of  our  said  Lady  the  Queen,  which  said  subjects  were  then  and  there,  lu 
wit.,  on  the  same  twenty-first  duy  of  June  in  the  second  year  cf  the  reign  aforesaid, 
at  the  township  aforesaid  in  the  district  aforesaid,  unlawfully  and  traitorously  in  arms 
against  our  said  Sovereign  Lady,  the  Queen,  unlawfully  and  feloniously  did  commit 
nn  act  of  hostility  within  this  province;  that  is  to  say,  that  the  said  Lintu  IViUon  Miller 
afterwards,  to  wit.,  on  the  same  day  and  year  last  aforesaid,  at  the  township  aforesaid, 
ill  the  district  aforesnid,  together  with  divers  others  evil  disposed  persons,  as  well 
<-iiizens  of  the  said  United  States  <rt'  America  as  subjects  of  our  said  Lady  the  Queen 
whose  names  are  to  the  jurors  aforesaid  unknown,  armed  and  arrayed  in  a  warlike 
manner,  being  then  and  (here  unlawluUy  assembled  together  against  our  said  Lady  the 
Queen,  feloniously  did  levy  and  oiake  war  against  our  said  sovereign  Lady  the  Queen, 
and  feloniously  did  assault  and  attack  certain  of  her  Majesty's  forces  in  the  peace  of  our 
9aid  Lady  the  Queen  then  and  there  being,  to  the  evil  example  of  all  others  in  like 
case  oiTeuding.  coatrary  to  the  form  of  the  statute  in  such  case  made  and  provided, 
and  against  the  peace  of  our  said  Lady  the  Queen,  her  crown  and  dignity. — 
And  the  jurors  aforesaid,  upon  their  oaths  aforesaid,  do  farther  present  that  the 
said  Linua  Wilton  Miller  after  the  twelfth  day  of  January,  which  was  in  the  first 
year  uf  the  reign  of  our  said  Lady  the  Queen,  to  wit.,  on  the  same  twenty-first  of 
June  in  the  aecond  year  of  lb«  reign  afercsaid  of  our  Lady  the  Queen,  beiii^  a  citi- 

5 


NOTK8  OF  AN  fcXILE,  OX  CANADA, 


I 


Now,  reader,  thy  humblo  servant  is  constituted  like  most 
other  men,  and,  although  life  had  become  valueless,  and 
death  had  lost  its  sting,  since  it  would  deliver  him  from  the 
liands  of  his  enemies,  he;  did  not  exactly  choose  to  be  kick- 
ed out  of  the  world  by  a  combination  of  Jiritish  aristocrats. 
One  likes  to  make  his  exit  from  the  great  stage  of  liff  after 
the  fashion  of  old  patriarch  Jacob,  who  "gatiiered  up  his 
feet  into  bed  and  yielded  up  the  ghost,  and  was  gathered 
unto  his  fathc^rs," — a  very  different  niid  far  more  preferable 
j)rocess  than  that  of  kicking  the  air  in  ones  last  moments, 
and  then  being  gathered  up  by  the  doctors.  But  if  so  un- 
fortunate as  to  take  his  departure  after  such  fashion,  it  is 
(juite  bad  enough  if  the  thing  is  done  decently  and  in  order; 
undue  haste,  in  a  matter  of  such  serious  importance,  is  unbe- 
roming,  and  always  renders  a  journey  uncomfortable.  A  rich 
miser  being  ill  of  a  dangerous  malady,  made  his  will,  which 
he  caused  to  be  sealed  up  until  alter  his  demise,  and  then 
resigned  himself  to  his  fate;  but  his  lielrs  expectant  gathered 
round  him,  manifesting  much  anxiety  for  the  expedition  ot 
business.  The  undertaker,  sextoji  and  bellman  were  all 
sent  for,  and  ordered  to  hold  themselves  in  readiness  to 
jierform  their  respective  ollices.  Loud  were  the  lamenta- 
tions of  the  sorrowing  friends  as  the  breath  of  the  dying 


/.I'll  ofa  foreign  Suite  nl  jieiice  witli  llio  United  Kingdom  ofCjreal  BritfiiM  and  Ireianil, 
ti.at  is  m  say,  of  tlin  United  States  of  America,  willi  force  and  arma  at  tiie  township  ol 
relliani  nforesaid,  in  tlie  district  of  Niagara  aforesaid,  having  joined  himself  to  divori 
.s'ilijecis  of  our  said  liady  tiie  Queen,  wliiitli  said  sulijccis  were  tlien  and  there,  to  wit  . 
en  the  same  day  and  year  last  aforesaid  at  the  township  aforesaid  in  the  district  afore- 
said, uidawfidly  and  traiturously  in  arms  against  our  said  Lady  the  Queen,  was  unlaw 
t\jily  and  feiouiuusly  in  arms  against  our  said  Lady  the  Queen  witliin  tlii^  prnvincf, 
.Hid  did  continue  unlawfully  and  feloniously  in  arms  within  this  province   a{<ainst  our 
saki  Lady  the  Queen  for  a  long  space  of  time,  after  the  saiil  iwenly-first  day  of  Junr, 
u»  wit-,  until  tht.>  twentytifth   day  of  June,  at  the  township  of  Pclhain  aforesaid.  i>i 
!■•*  district  aforesaid,  contrary  to  thu   form  of  the  statute  in  such  case  made  anil  pr.i 
v.tied,  and  ai^ainsl  the  peace  of  our  said  T,ady  ilu;  Qiic«n,  her  crown  and  dignity. 
"  All  and  sinjjular  which  premises  by  the  tenor  of  the  presents  we  have  coininande.l 
to   be   excmplilied   in  testimony  whereof  we  have  caused   our  seal  appointed   foi 
scaling  writs  in  our  Bench  aforesaid,  to  he  uflixcd  to  these  prejenta.     Witness,  the 
Honorable  Pktkh  Shkkwood,  Senior,  .Tudge  at  Toronto,  this  18th  day  of  July,  in 
i:m  year  of  our  Lord  one  thoii^sand  eig<u  hundred  and   Uiiriy-eight,  and  in  the  r«c 
rfaij  year  of  our  reign. 

(Signed.)        W.   If.  DRAPER.  Solicitor  General. 

(Sigr.'-d  }        CHAUmS  C.  SMALL,  Clerk  of  the  Crown  &  Pleas 


ENGLAND  AND  VAN  DIKMAN*S  LAND. 


67 


man  grew  shorter  and  fainter.  *»Take  that  pillow  from 
imderneath  his  head,"  said  one,  "he  will  die  easier." — 
'•Poor  man!"  said  another,  'Mhe  sooner  it  id  all  over,  the 
sooner  he  will  be  o«it  of  pain."  'MIe  is  so  far  gont,"  chim- 
ed in  a  third,  "that  a  wet  cloth,"  spread  over  his  mouth 
and  hce  will  tlo  no  harm."  "  Ah!  yes,"  they  all  exclaimed, 
"  l)ring  a  wet  cloth."  Here  the  undertaker  stepped  up  to 
take  the  necessary  measure,  and  the  bell  of  the  village 
cluirch  began  its  solemn  and  death-like  tong! — tong! — tongf 
— but  the  sound  caught  the  ear  of  the  dying  man.  He 
opened  his  eyes,  raised  his  head,  and  to  the  great  disap- 
jiointmcnt  and  dismay  of  the  weeping  group,  exclaimed,— 
"What's  all  this  fuss  about?  A  wet  cloth;  ah!  and  you 
hPiC,  too,  Mr.  Undertaker?  Get  out  of  my  house,  rascal' 
I'll  send  for  you  when  1  want  you.  Weeping  friends,  yuii 
mav  as  well  jjo  home  and  stoi)  the  tollin«jj  of  that  bell.     I 

•  O  JO 

<1id  think  seriously  of  dying  if  the  Lord  willed,  but  I  have 
altered  my  calculations,  and  Til  not  die  now  any  how.  f 
want  to  count  over  my  money  atrain,  and  that  will,  too, 
requires  altering;''  and  he  counted  his  gold  for  many  a  year 
alter,  much  to  the  annovance  of  liis  tender-hearted  friends. 

Now,  when  I  heard  my  name  called  by  the  sherif  for  trial, 
I  knew  well  (from  having  been  informed  by  a  friend  that 
only  one  trial,  except  that  ot  Cooley,  was  to  take  place  at. 
Ihe  present  court)  that  i  was  selected  as  a  victim,  and  that 
Ihe  kind  offices  of  "  Jac/c  A'f/c/i"  were  bespoken  for  ni) 
especial  favor;  and  when  placed  at  the  bar,  and  saw  myself 
surrounded  by  enemies,  who  manifested  in  all  the  usual 
preliminaries  an  inordinate  thirst  for  my  blood,  I  felt  indig- 
nant that  these  humane  and  benevolent  {gentlemen  shouhi 
take  so  much  interest  in  hastening  my  end,  and  resolved, 
like  the  raiser,  that  die  I  would  not  —  if  I  could  avoid  it--, 
just  to  spite  them,  if  nothing  more;  and  here  the  little  know, 
iedge  of  English  law  which  I  had  acquired  by  my  profession 
came  to  my  aid.  W^hen,  therefore,  the  aforesaid  questioii 
was  put  to  me,  I  answered  promptly  and  without  hesitation  ^ 

"  I  shall"  not  plead  to  my  indictment  at  present," 

Solicitor  General. — "But  ycu  must," 


68 


MOTES  OF  AN  EXILE,  ON  CANADA, 


**  I  choose  to  be  excused." 

Solicitor  General.^" But  you  can  not  be  excused." 

"  I  tell  you  I  am  not  prepared  to  stand  my  trial  now." 

Chief  Justice. — "Answer  you,  prisoner  at  the  bar,  the 
question  put  to  you  by  the  court.  "What  say  you,  Linus 
Wilson  Miller,  guilty,  or  not  guilty]" 

"  My  lord,  that  is  a  question  which,  as  I  before  said,  I  am 
not  now  prepared  to  answer." 

Chief  Justice. — "You  must  say  guilty  or  not  guilty." 

**Your  lordship  must  excuse  me." 

Chief  Justice. — "You  shall  answer  either  guilty  or  not 
guilty;  it  is  only  mere  matter  of  form." 

"Doubtless  your  lordship  considers  hanging  by  one's  neck 
until  dead  only  mere  matter  of  form." 

Chief  Justice,  in  a  rage. — "Do  you  mean,  sir,  to  insult 
this  court?" 

"My  lord,  I  mean  only  what  I  say,  that  I  must  have  time 
to  prepare  for  my  trial." 

Chief  Justice. — "Will  you,  or  will  you  not,  plead  to  your 
indictment?  What  say  you,  prisoner  at  the  bar,  guilty  or 
Jiot  guilty?" 

"  My  lord,  I  cannot  plead  now." 

Chief  Justice. — "You  shall,  by ! 

"*'  My  lord,  I  will  not!^^  (great  sensation.) 

The  Attorney  General. — "  How  dare  you  insult  his  lord- 
ship? You  must  answer  at  once;  it  will  be  better  for  you  to 
<lo  so.  I  advise  you  to  plead  not  guilty;  after  which  the 
court  will  take  into  consideration  your  claims  to  have  your 
trial  postponed,  and  order  you  counsel  if  you  wish  it.  The 
court  are  disposed  to  be  just  and  merciful." 

"  I  repeat  what  I  said  before,  I  will  not!'^ 

Attorney  General. — "  You  are  a  desperate  fellow." 

*^  And  Tiot  without  reason;  for,  if  I  am  to  judge  of  the 
intentions  of  the  court,  from  external  appearances,  I  am  in 
desperate  circumstances.  But  the  word  *  fellow,*  which  you 
just  now  applied  to  me,  is  significant." 

Attorney  General,  with  a  sneer. — "  Pray  sir,  what  are 
you?" 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


69 


"  A  victim  chosen  for  the  slaughter;  but  you  are  mistaken 
if  you  think  to  coax  or  drive  me  to  plead  at  present;  I  un- 
derstand your  wishes  and  my  own  interests  too  well. 

Chief  Justice. — "  Prisoner  at  tho  bar,  three  weeks  have 
passed  since  your  capture,  and  you  have  had  sufficient  time 
to  prepare  your  defense.  This  court  has  been  convened  for 
the  express  purpose  of  trying  you,  and  the  government  can 
not  be  put  to  so  much  expense  for  nothing,  I  have  taken 
care,  myself,  that  all  the  witnesses  which  you  can  possibly 
require  in  your  defense,  should  be  present  to-day,  and  they 
are  here.  You  can  have,  therefore,  no  excuse  whatever  for 
wishing  to  postpone  your  trial;  and  your  only  object  is,  to 
i^ive  the  government  and  this  court  unnecessary  trouble;  but 
your  stubbornness  shall  avail  you  nothing,  for  the  court  will 
order  the  usual  course  in  case  of  stubborn  and  wilful  prison- 
ers, who  refuse  to  plead,  to  be  pursued  in  this  case.  I  now 
ask  you  for  the  last  time — what  say  you,,  Linus  Wilson  Mil- 
ler, to  the  charges  preferred  against  you;  are  you  guilty  or 
not  guilty?" 

"My  lord,  I  am  informed  by  your  lordship  that  I  have  had 
sufficient  time  to  prepare  for  my  trial,  having  been  in  custody 
three  weeks.  How  was  I  to  prepare  my  defense  before  I 
had  been  indicted — how  know  what  charges,  if  any,  would 
be  preferred  against  me?  I  have  but  now  heard  them  read, 
and  am  required,  without  one  moment's  warning,  to  plead  to 
charges  of  the  most  serious  nature,  affecting  my  life !  I  am 
likewise  informed  by  your  lordship,  that  all  the  witnesses 
requisite  for  my  defense,  are  present  in  court,  by  your  lord- 
ship's express  orders  !  Is  it  possible,  that  in  the  present  en- 
lightened age,  a  Judge,  in  a  British  court  of  justice,  will 
tell  a  prisoner,  arraigned  under  such  circumstances,  that  the 
witnesses  for  his  defense  ore  all  present,  by  order  of  the 
rourt,  and  that,  too,  in  the  presence  of  a  jury  empanneled  to 
try  him!  Is  a  Chief  Justice  of  a  liritish  court  thus  to  sit 
upon  a  bench,  and  pro -judge  a  case  of  life  and  death  ?  Have 
I  consulted  your  lordship  upon  my  defense?  Have  I  con- 
sulted any  legal  gentleman  in  this  province  upon  my  case^ 
whereby  by  any  j)ossibility  your   lordship  could  have  been 


70 


NOTES  OF  AN  JtXlLE,  ON   CANADA, 


apprised  of  the  witnesses  I  may  require,  or  of  the  nature  ol 
the  defense  which  in  so  serious  a  case  I  may  deem  it  neces- 
sary to  make?  How  long  have  I  known  that  charges  were 
preferred  against  me,  which  require  cither  a  defense  or  the 
surrender  of  life  without  a  struggle  i  And  yet  I  am  told  by 
your  lordship  that  I  shall  abide  my  trial,  upon  the  testimony 
of  witnesses  of  your  lordship's  own  choosing,  in  a  defense 
j)re-determined  by  your  lordship  long  before  a  grand  jury  had 
lound  a  bill  against  me.  Is  this  your  boasted  British  justice? 
Am  I  indeed  within  the  sacred  walls  of  a  court,  a  Britisii 
court,  the  pride  and  boast  of  Englishmen?     Shame,  my  1 — " 

Chief  Justice,  in  a  great  rage. — "Silence,  you  d Yan- 
kee rebel !  not  another  word,  or .• ' 

"My  lord  I  will  not  keep  silence  when  my  life  is  at  stake. 
Am  1  to  be  smuggled  out  of  the  world?  Am  I  to  be  taken 
•nto  a  court  of  justice  at  one  door,  and  the  next  moment 
licked  out  at  the  other  upon  the  platform  of  a  gallows! — 
k'our  lordship  tells  me  that  this  court  has  been  conven'jd  for 
the  express  purpose  of  trying  me.  I  knew  it  before  I  heard 
it  from  your  lordship's  lips.  I  understood  well,  when  my 
name  was  called  for  trial,  that  1  was  already  doomed  to  the 
scaffold;  that  I  was  to  be  olfcred  a  sacrifuo  to  blojd-thirsty 
enemies;  and  that  my  life  was  to  atone  for  the  crimes  nl 
your  own  subjects.  And  why?  Lot  your  lordship  answer. 
Let  the  inhuman  cry  v/hich  has  been  raised  throughout  the 
whole  length  and  breadth  of  Canada  by  your  Tories,  for  th( 
blood  of  American  citizens,  answer!  I  am  an  American  cit- 
izen, and  therefore  am  I  led  to  the  slaughter.  Was  Jacob 
Beemer,  the  leader  of  the  Short  Hills  })arty,  an  American, 
that  /  should  answer  for  his  crimes?  My  lord,  since  your 
lordship  is  determined  to  shed  my  blood,  I  am  ready  to  yield 
up  my  life  in  the  cause  of  liberty.  I  fear  not  death  —  I  fear 
not  the  scaffold, —  I  am  ready  to  ascend  it  eveii  now;  but  it 
I  am  to  be  murdered,  it  shall  not  be  cloaked  up  with  a  mock 
trial.  Either  hang  me  at  once,  without  the  shadow  of  u 
trial,  or  grant  me  a  lair  one.  If  I  have  forfeited  my  life 
according  to  the  laws  of  England,  and  you  can  convict  me 
in  an  impartial  trial,  conducted  according  to  the  principles 


l!    1:1 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


71 


of  English  law,  I  will  never  utter  a  murmur,  or  sue  lor 
mercy  According  to  your  boasted  laws,  a  man  is  supposed 
to  be  innocent,  until  declared   guilty  by  a   competent   ami 

impartial  jury;  but  I  have  been  called  a  d rebel  by  youi 

lordship,  in  the  presence  of  a  jury  empaneled  to  try  ine! 
A  jury,  did  I  say?  They  are  all  strangers  to  mc,  but,  from 
tlic  proceedings  I  have  witnessed  here  to-day,  I  have  uo 
doubt  they  are  mere  tools  of  the  government,  pledged  to 
render  a  verdict  of  guilty,  and  perjured  in  their  hearts."' 

A  juryman  from  the  box. — '"My  lord,  are  we,  honest 
men,  to  be  insulted  and  abused  in  this  manner?" 

"No  doubt  the  gentleman  is  an  honest  man.  Every  man 
engaged  in  this  neiarious  transaction  must  needs  be  truly 
honest  and  honorable.  But  I  thank  God,  that  the  gentle- 
man's honesty  is  not  likely  to  be  put  to  the  tests  in  a 
matter  of  life  and  death  with  me,  to-day .  I  thank  God  for 
Ihe  little  knowledge  I  have  of  English  law,  which  enables 
jne  to  defy  this  court  to  move  another  step  in  this  trial, 
Tintil  the  full  time  has  expired  which  the  law  so  humanely 
j)rovides  for  a  prisoner  capital ly  chargerl,  to  prepare  for  his 
defense.  I  have  l)een  rejjeatedly  told  by  your  lordship  and 
others,  that  I  s/inll  now  stand  my  trial;  but  your  lordship 
dare  not  enforce  it.  So  gross  a  violation  of  law  can  not  be 
rloakcd  up;  and  your  lordshij)  well  knows  that  in  case  I  was 
♦  xecuted  under  a  conviction  thus  obtained,  it  would  he  no- 
Oiing  less  than  a  cold-blooded  murder,  for  which  your  lord- 
•^hip  would  be  liable  to  impearhment. 

'•My  lord,  I  have  done;  —  ])ut  I  again  demand  from  your 
lordship  the  full  time  allowed  by  law  for  my  defense.'" 

Chief  Justice. — "VV^ill  you  be  prepared  for  tiial  in  three 
days?     The  court  will  allow  you  that  time,  but  no  more." 

''Mv  lord,  T  am  allowed  seven  full  davs  after  the  lindintr 
of  the  indictment,  before  I  am  required  to  plead  to  the 
charges  it  sets  lorth.  At  the  end  of  seven  days,  I  shall  be 
pre})ared  to  state  what  witnesses  I  require  from  a  distance, 
TO  procure  which  I  will  have  the  full  time  allowed  by  law, 
j^br  it  is  not  only  my  right,  but  absolutely  necessary  to  my 
defense.'' 


72 


NOTES  OF  AN  EXILE,  ON  CANADA, 


t 


■ 


ii  ■'' 


Chief  Justice.  —  "The  court  are  under  no  obligation  to 
grant  you  time  to  procure  absent  witnesseSy  unless  you  can 
show  a  bona  fide  defense  which  requires  them." 

"It  will  be  time  enough  to  show  that  at  the  end  of  seven 
days.  At  present  I  have  only  to  request  to  be  furnished 
with  a  copy  of  my  indictment." 

Chief  Justice. — "The  court  will  not  allow  you  a  copy." 

"I  shall  take  an  exception  to  your  lordship's  refusal  to 
grant  a  copy.  Will  the  court  please  to  make  a  note  of  that 
point,  as  it  is  an  important  one  to  me." 

Here  a  short  consultation  took  place  between  the  Chief 
Justice  and  the  Attorney  and  Solicitor  General,  after  which, 
the  two  last  named  gentlemen,  came  to  the  bar  where  I  stood, 
and  tried,  for  nearly  half  an  hour,  to  prevail  upon  me  to  stand 
my  trial  at  once.  It  would  be  f<'r  my  interest  to  do  so,  &c., 
&c.  The  other  legal  gentlemen  present,  and  more  than  thirty 
others — spectators — followed  them  in  turn;  but  I  had  one 
answer  for  all,  which  was,  ^^  I  will  not  do  it."  There  happen- 
ed to  be  one  honest  man  among  the  number,  who  whispered, 
"  That's  riglit ;  stick  to  it,  my  lad,  as  you  value  your  life ; 
for  they  are  determined  to  hang  you ! " 

"I  understand  their  wishes,  and  shall  disappoint  them,"  I 
whispered  in  return. 

Chief  Justice,  to  the  Attorney  General,  and  others,  in  a  low' ' 
voice.  —  "  Well,  gentlemen,  have  you  succeeded  1 " 

Attorney  General.  —  "My  lord,  he  remains  as  stubborn  as 
at  the  first." 

Chief  Justice,  to  the  deputy  sherif  in  attendance.  —  "Take 

the  d Yankee  lawyer  away,  —  away  with   him  at   once, 

and  bring  up  Morrow  in  his  stead ;  we'll  see  if  we  can  man- 
age him  any  better.  But,  by  no  means,  allow  them  to  speak 
together,"  he  added. 

I  looked  around  among  the  spectators,  and  saw  many  an 
honest  countenance  glowing  with  satisfaction  at  my  escape  — 
but  the  court  and  others  looked  like  hungry  men  who  had 
been  cheated  out  of  their  dinners.  Poor  Morrow  was  hurried 
up,  while  I  was  almost  kicked  down  stairs  and  turned  in  with 
my  companions,   some   of   whom   gave    three  cheers  when 


14 


yy 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


73 


informed  that  I  had  beaten  them ;  and,  courteous  reader,  I  felt 
proud  in  my  heart,  that  I  had  been  enabled  to  cheat  three 
parties  in  one  day,  namely,  the  gallows,  the  Devil,  and  the 
British. 


as 


f 


CHAPTER    VIII. 

Trial  and  Sentence  of  Colonel  James  Morr -w.  —  The  Condemned  Cell.— Some 
Particulars  of  his  Life. — Visits  of  the  Canadian  Clergymen.— Preparation  for 
Death. — The  Consolations  of  Religion. — He  praya  for  his  Enemies. — His  Dying 
Message  delivered  to  the  Tory  Clergymen.— The  Catholics.— The  Parting  Charge. 
The  Execution. 

Had  I  suspected,  when  required  to  plead  to  my  indictment, 
that  in  case  I  defeated  the  evil  intentions  of  my  enemies  with 
regard  to  myself,  my  brave  and  generous  friend.  Colonel 
Morrow,  would  take  my  place,  not  only  at  the  bar  of  that 
disgraceful  tribunal,  but  on  the  scaffold,  I  should  most  certain- 
ly have  stood  my  trial  and  yielded  up  my  life  without  a  strug- 
gle. Could  I  have  conversed  with  him,  but  for  a  moment, 
before  he  entered  those  fatal  doors,  he  might  have  been  saved; 
but  the  wily  Judge  took  care  that  I  should  not  do  so.  He 
wris,  therefore,  placed  at  itie  bar  without  knowing  his  right 
to  a  postponement  of  his  trial.  Surrounded  by  blood-thirsty 
enemies,  and  without  one  friend  to  advise  him,  he  obeyed  the 
mandate  of  the  corrupt  court — went  through  with  a  shame- 
ful farce,  a  solemn  raockery  —  heard  a  verdict  of  "guilty" 
rendered  by  a  packed  jury  —  was  asked  what  he  had  to  say 
why  sentence  of  death  should  not  be  pronounced  against  him, 
according  to  law  —  listened  to  an  insulting  address  from  the 
Judge,  who  charged  him  to  prepare  for  death  as  there  could 
be  no  hope  of  men^y  in  his  case  —  and  then  came  the  climax 
to  that  day's  work  :  *•  The  sentence  of  the  court  is,  that  you, 
James  Morrow,  be  taken  to  the  jail  from  whence  you  came, 
and  from  thence,  on  Monday,  the  thirtieth  day  of  this  present 
month,  to  the  place  of  execution  ;  and  between  the  hours  of 
eleven  and  one,  you  be  hanged  by  the  neck  until  you  are  dead ; 


NOTES  OF  AN  EXILE,  ON  CANADA, 


i 


and  may  God  have  mercy  on  your  soulf^^  After  his  senteiuv^ 
ho  requested  of  the  court  j)ermission  for  me  to  occupy  th<? 
<;ondenincd  cell  with  him  dnrinq  the  short  time  he  luid  to 
live.  The  court  consented,  and  we  were,  accordingi} ,  lock- 
ed up  together.  Never  was  it  my  lot  to  pass  nine  days  so 
solemn,  so  interesting,  and  in  somc^  respects  puinful,  as  those. 
During  our  short  acquaintance,  he  had  become  to  mo  as 
a  broth(!r,  and  the  last  links  in  the  chain  of  his  existence 
hound  our  hearts  still  more  closely  togetluM-.  He  was  about 
to  suffer  a  death  intended  for  mvsolf :  and  which  bad  still 
fallen  to  mv  lot,  but  for  the  insatiable  thirst  of  our  enemies, 
for  blood,  which  would  admit  of  no  delav.  These  circum- 
stances  rendered  my  relation  to  him  most  melancholy,  and  ( 
would  have  gladly  ex(;hanged  places  with  him  had  it  been 
possible.  Besides,  he  had  chosen  me  as  the  comijanion  of  his 
last  moments,  and  looked  to  me  for  that  f(;eble  aid  which, 
under  the  gui  jticc  and  blessing  of  Heaven,  a  christian  mav 
render  to  -a  f.l'oM -mortal,  in  a  hasty  preparation  to  appear 
before  t  ui  f^Tr  -'A  the  Great  .Tkiiovah.  This  should  have 
l)eci,'  a  privilf  >L)  not  lightly  prized,  nor  iHipro(hu;tive  of  dee}t 
humruy  of  v.art.  To  a  believer  in  <^xj)erim('ntal  religion,  as 
taugi":  in  rho  iusjured  volume,  such  a  responsibility  would  bf» 
fearful ;  anu  happy,  thrice  happy  and  blessed  is  he  who  is 
([ualified  to  appreciate  it  corre(;tly  and  perform  his  duty  faith- 
fully to  one  so  near  the  gates  of  death,  that  upon  the  ])roper 
improvement  of  a  few  numbered  hours  hangs  an  eternity  of 
))liss  or  woe.  The  better  the  christian  the  greater  will  be  his 
humility,  if  thus  used  as  an  instrument  bv  his  Divine  Master. 
After  the  excitement  occasioned  by  the  events  of  the  day 
had  subsided,  mv  friend  related  to  me  the  history  of  his  life, 
and  his  feelings  and  sentiments  with  reference  to  liis  present 
circmnstances.  He  was  of  Irish  descent;  his  friends  were 
members  of  the  Catholic  church;  was  a  native  of  Pennsy)va- 
nia;  had  brothers  and  sisters  liviiig  wJjo  were  uiiac(juainted 
with  his  misfortunes,  and  he  wisaed  »hem  to  remain  so,  for 
the  present.  His  family  were  wealthy,  and  of  the  hrst  rcspeC" 
labiUty.  He  had  been  liberally  educated,  and  had  spent  some 
years  in  traveling  and  amusements.     In  the  pursuit  of  plea- 


r 


ENGLAND  AND  VAN  DIFMAN  8  LAND. 


75 


as 


!1S 


sure  on  our  nothern  frontier  he  had  become  acquainted  with 
the  revolutionary  struggles  of  the  Canadians,  and  had  joined 
thcin,  as  related  in  a  preceding  chapter.  He  iiad  aritcd  con- 
scientiously in  this  matter,  and  only  regretted  that  Ik;  had 
been  of  so  little  service  in  what  he  considered  a  righteous 
cause.  He  felt  that  it  would  he  hard  to  die  the  d«*ath  of  a 
felon  for  having  done  his  duty ;  hut  hoped  his  sufi'crings  would 
prove  a  blessing  to  the  cause  of  liberty  hi  Canada.  He  had 
l)een  tried  and  condemned  by  a  corrupt  tribunal  of  earth,  but 
he  should  soon  st:ind  at  the  bar  of  a  righteous  .Iudg<%  whose 
laws  he  had  often  \iolat(;d,  but  not  with  regard  to  the  actions 
for  which  he  was  cond(Mnniul  to  the  scallbld. 

His  mind  and  heart  were  alike  laid  open  to  me  without 
reserve.  The  former  was  a  rich  store-house  of  useful  know- 
ledge; the  latter,  a  foui  t  of  nol)le  and  generous  feelings,  and 
of  upright  and  honoraiile  principles.  But  he  was  a  stranger 
to  the  consolations  of  religion,  which  he  now  so  much 
needed.  In  aceonlance  witi;  his  wishes,  our  time  was  prin- 
cipally spent  in  devotional  exercises,  reading  the  scriptures, 
and  conversation  upon  the  leading  principles  ot  Christianity* 
Clergymen  of  dilferent  denominations  visited  him  occasion- 
ally, some  of  whom  manifested  not  a  little  anxiety  to 
convert  him  to  their  own  peculiar  tenets  and  doctrines  ou 
minor  points;  but  he  told  them  his  time  was  too  short  and 
precious,  to  be  wasted  in  discussions  upon  such  matteis;  lie 
only  wanted  them  to  point  him  to  Christ,  and  pray  with  him 
for  the  pardon  and  forgiveness  of  his  sins;  and  if  they  could 
no'  do  this  he  hoped  they  would  lefrain  from  visiting  him. 
One  or  two  talked  to  him  about  the  wickedness  of  his  con- 
duct, in  attempting  to  establish  republican  institutions  iii 
Canada;  to  which  he  replied,  that  he  wished  his  whoU'  life 
liad  been  spent  in  as  good  a  cause;  and  when  they  proposed 
jiraying  with  him,  he  thanked  them,  and  said  he  had  no 
desire  to  hear  men  pray  who  could  reproach  him  ior  one  of 
the  best  actions  of  his  life.  He  had  nu  faith  in  the  pravers 
of  such  men,  but  would  pray  himself  that  they  might  sec 
their  error  and  do  as  he  had,  but  with  better  success. 

For  several  days  he  appeai'jd  to  be  in  deep  mental  dis> 


76 


NOTES  OF  AN  EXILE,  ON  CANADA, 


I 


i! 


tress.  The  grave,  to  which  he  was  fast  hastening,  looked 
dark  and  dreary,  and  he  felt  that  the  Almighty  was  justly 
angry  w^ith  him  on  account  of  his  sins.  He  would  sometimes 
say,  "  Can  it  be  possible  that  such  a  sinner  as  I  can  find 
mercy?  I  have  spent  my  whole  life  in  the  pursuit  of 
pleasure,  utterly  regardless  of  the  claims  of  the  Savior  of 
mankind  to  my  affections  and  services,  and  now,  when  death 
is  staring  me  in  the  face,  can  it  be  that  He  can  forgive?" 
Some  passages  of  scripture,  such  as  the  parable  of  the  prod- 
igal son,  and  the  dying  thief  on  the  cross,  gave  him  some 
encouragement  to  hope  that,  although  it  was  the  twelfth 
hour,  his  Heavenly  Father  might  yet  be  reconciled  to  him, 
and  his  dying  moments  be  cheered  with  the  christian's  tri- 
umphant hope. 

On  the  evening  of  the  27th,  he  told  me  he  could  not  close 
his  eyes  again  until  assured  that  his  sins  were  pardoned,  and 
accordingly  spent  the  whole  time,  until  midnight,  in  earnest 
prayer.  It  was  an  affecting  sight  to  see  that  man  upon  his 
knees  in  the  condemned  cell,  beseeching  the  Almighty  to 
wash  and  cleanse  bis  heart  from  sin,  and  prepare  him  for  the 
solemn  event  which  was  so  soon  to  take  place. 

Overcome,  myself,  with  the  anxiety  and  distress  of  mind 
which  I  had  suffered,  I  threw  myself  upon  our  coarse  and 
humble  bed,  and  fell  asleep.  About  3  o'clock  in  the  morn- 
ing I  awoke;  and,  reader,  if  thou  art  a  sceptic,  and  doubtest 
the  reality  of  the  religion  of  Jesus  Christ,  thou  shouldst  have 
been  in  the  cold,  damp  cell  of  the  dying  man,  and  thou 
wouldst  have  believed  that  **earth  hath  no  sorrows  that 
Heaven  cannot  heal."  There  was  my  friend,  still  upon  his 
knees,  as  I  had  seen  him  three  hours  before,  and  I  could 
perceive,  by  the  dim  light  of  our  lamp,  the  tears  streaming 
down  his  cheeks;  (I  had  never  seen  him  weep  before,)  but 
they  were  tears  of  Joy,  the  overflowing  of  a  grateful  heart. 
His  countenance  was  radiant  with  hope  and  bliss;  it  spoke 
of  peace,  and  love,  and  joy,  and  Heaven;  yea,  Heaven  had 
already  dawned  upon  his  soul.  But  I  said  he  was  still 
kneeling;  yes,  reader,  James  Morrow  was  engaged  in  prayer; 
but  for  what  was  he  praying?  what  was  the  burthen  of  his 


FA'OLAXD  AND  VAN  DIEMAN'S  I.ANO. 


petition,  think  you?  He  was  praying  for  his  enemies.  He 
was  beseeching  that  Gracious  Being  who  had  just  pardoned 
his  own  sins,  to  forgive  the  blood-thirsty  men  who  had  per- 
secuted him  unto  death.  He  was  praying  that  the  same 
grace  and  mercy  which  he  had  experienced,  might  be  ex- 
tended to  them.  Then  came  the  cause  he  still  loved,  though 
it  had  brought  him  to  the  gallows;  then  his  distant  brothers 
and  sisters,  for  whom  he  implored  the  richest  of  heaven's 
blessings;  then  the  betrothed  of  his  heart,  whose  sweet  im- 
age was  engraved,  as  with  an  iron  pen,  upon  the  tablet  of 
his  affections;  and  oh !  how  earnestly  did  he  commend  that 
loved  and  worshipped  one  to  the  care  and  protection  of  his 
Heavenly  Father;  then,  his  fellow  captives;  and  he  prayed 
that  the  hearts  of  their  enemies  might  be  inclined  to  mercy; 
and  lastly,  while  tears  of  joy  and  thankfulness  streamed 
afresh  from  his  eyes,  he  breathed  forth  the  grateful  acknow- 
ledgements of  his  heart,  to  Him  whom  he  called  his  SwioVy 
his  Redeemer,  for  the  great  and  marvelous  mercies  of  that 
night,  which  had  made  the  wilderness  and  the  solitary  way 
glad  to  him,  and  the  desert  of  human  woe  and  suffering,  Xo 
"rejoice  and  blossom  as  the  rose."  Sorrow  and  sadness 
had  fled  forever,  for  death  had  lost  its  sting*,  and  the  grave 
its  victory.  And  thus  dost  thou  come  in  thy  omnipotent 
power,  O  Religion,  to  rejoice  th"  heart  of  the  desolate  cap- 
tive, to  cause  the  dying  man  to  sing  and  shout  for  joy!  So-r- 
ro'v  and  sighing  flee  at  thy  approach,  and  thy  heavenly  coun- 
tenance is  radiant  with  joy  and  gladness.  Thou  art  the 
balm  of  Gilead  to  man's  wounded  spirit;  for  when  thou  shed- 
est  thy  compassionate  tear  on  his  earthly  woes  they  are 
blotted  out  forever.  Thou  art  like  the  glorious  mornin*;^ 
sun;  for  when  thou  comest  in  thy  power,  resplendent  in 
grace  and  mercy,  night,  dark  and  dreary  night,  is  no  more, 
and  one  eternal  day  commences,  and  a  song  of  gratitude  and 
praise  which  never  ends. 

As  he  had  scarcely  closed  his  eyes  since  his  sentence,  he 
now  slept  soundly  for  several  hours;  and  no  wonder,  for  his 
soul  was  at  rest.  Was  it  unmanly  to  weep  for  joy  as  I 
watched  "by  his  pillow]     When  h«  awoke  in  the  morning, 


NOTF.S  OF  AN  EXILK,  ON  CANADA, 


;ill  who  saw  him  remarket!  tlio  expression  of  his  counte- 
nance, in  which  tlie  consolations  of  rclifrion  were  strikini^lv 
visible.  Availinpj  himseltof  the  first  opportunity,  h(  caDijd 
his  fellow  captives  to  the  door  of  his  cell,  and  after  telling 
them  of  the  chan'^e  which  had  taken  place  in  his  feelings^ 
exhorted  them  to  an  immediate  attendance  on  the  diiti*  s  ot 
reli<'ion.  Diirin'j  the  dav.  two  clerirvmen  of  the  estabiishetl 
<;hurch  visited  him,  and  urged  him  to  make  all  the  reparatioi* 
in  his  power  for  his  j^reat  crimes  by  authorizing  them  to  sun 
to  the  world  that  he  sincerely  repented,  and  would  eauiioii 
others  against  following  his  example.  With  a  look  of  hea- 
venly meekness,  yet  of  true  dignity,  he  replied: 

''I  have  a  short  message,  which  if  you  would  take  the 
trouble  to  have  i)ublished  to  the  world  as  the  words  of  a 
dying  man,  1  shall  indeed  be  very  trankful,  and  shall,  J 
think,  die  happier,  if  I  know  it  is  nuule  known  to  those  wh<^ 
may  have  taken  any  interest  in  my  fate.'-  They  both  ex- 
jjressed  their  r«?adiness  'o  serve  him,  and  one  of  tiiem  hinted 
that  it  would  be  as  well  to  make  a  clean  breast  of  it  by 
confessing  all  the  principal  sins  of  his  life;  and  offered  to 
procure  writing  materials  to  take  down  the  parlirulars  as 
he  should  relate  them,  but  Morrow  stopped  him  by  saying 
there  was  no  occasion  ibr  so  much  trouble,  as  bis  confession 
would  be  short;  and  continued,  looking  the  while  upon  these 
wolves  in  sheep's  clothing,  as  if  he  clearly  saw  the  deform- 
ity which  they  were  covering  with  the  cloak  of  religion: 
*'My  dying  message  to  the  world  is,  that  I  iove  the  cause 
of  liberty,  for  which  I  am  about  to  suffer  death,  the  better 
the  nearer  my  end  approaches;  that  my  last  days  are  spent 
in  praying  for  its  linal  triumph  in  Canada,  and  that  I  die  in 
the  full  assurance  of  an  eternity  of  bliss  beyond  the  grave. 
'J'el]   my  enemies,  amongst  whom   I  fear  I  must  rank  you. 

gentlemen,  that   I  freely  for«:{ive  them  the  murder  they  art- 
about  to   comjnit  upon  my  body;  and  when  they  see  their 

error,  and  are  found  fighting  under  the  banner  of  liberty,  my 

blood  will  be   atoned  for.     This,  gentlemen,  is  my  dying 

message.'"     Tiiey  both   shrank   out  of  ihe  cell  as  if  thev 


F.iVtil.AND  AND    .   W  lUKMAN  3  LAND. 


79 


it^ion  : 
cause 
jetttT 
spent 
lie  ill 
liriax'. 

you. 
y  ar«' 

their 

dying 
thev 


could  not  bear  to  look  upon  the  image  of  the  holy  hcinc 
whom  they  professed  to  serve. 

Several  clergymen  called  on  Sunday,  and  not  one  of  them 
could  refrain  from  tears  while  he  talked  about  that  Heaven 
which  on  the  morrow  he  should  enter,  where  the  wicked 
(  ense  from  troublinfj:,  and  ll;e  weary  are  at  rest. 

The  Catholics  visited  hnn  from  the  first,  and  manifested 
so  much  sympathy  and  christian  feelin<j^  that  he  resolved  to 
receive  the  sacrament  }\(  tlicir  hands,  allhouijh  he  did  not 
belie^  <.  m  many  of  the  doctrines  and  practices  of  their 
church.  I  can  not  refrain  from  adding-,  that  the  two  j)ricsts 
who  aitendcd  him  appeared  to  ine  like  l.um!)le  and  devoted 
servants  of  ti,  mcrk  .laa  lowly  Jesus.  Is  it  not  bi|:;otry  to 
luliove  that  Cutholics  can  not  be  n^ood  christians? 

My  friend  slept  soundly  and,  as  he  siiid,  sweetly  tlie  last 
iii'j^ht  of  his  earthly  existence.  \1  -Khiy,  the  day  of  his- 
i'xeculion,  was  a  soit  mn  and  painlu.  one  to  his  fellow  cap- 
tives. There  was  not  one  in  our  little  company  who  did 
not  esteem  and  love  him.  About  two  hours  belore  his  death 
he  gave  me  his  dying  charij,",  which  was,  if  I  should  ever 
have  it  in  my  power  to  do  so,  to  acquaint  the  woild  with 
the  purticulirs  of  his  unfortunate  expedition,  and  his  feel- 
ings with  reference  to  it  in  his  last  days.  This,  reader,  f 
have  essayed  to  do  in  this  and  a  preceding  chapter..  After 
li-'  had  taken  a  solemn  I'arewell  of  our  little  couvpiiny,  I 
knelt  with  him  for  the  last  time  in  prayer,  and  h«ard  him 
earnestly  beseech  Almighty  God  to  bless  the  cause  of  Cana- 
dian liberty;  to  forgive  his  enemies,  anil  to  receive  him  into 
His  heavenly  kingdom.  We  arose,  embraced  lor  a  moment, 
and  parted.  His  last  words  to  me  were,  ^'I  die  a  martyr  to 
^1  righteous  cause,  ami  I  die  happy.  Death  has  wo  sting, 
lor  I  shall  soon  wear  a  crown  of  glory." 

A  few  minutes  afterwards  the  sherif  came.  The  weeping 
<^:aptives  formed  in  double  rank  I'rom  the  cell  through  the 
hall;  the  cell  door  opened  and  sherif  Hamilton  with  a  coun- 
tenance ghastly  and  pale  as  death,  -walked  in  front;  then 
came  the  two  Catholic  priests,  reading  the  solemn  service  ap- 
pointed for  the  occasion;  and  our  beloved  Colonel  followed. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


II  LI 
11.25 


2.0 


U   1116 


Photograpdiic 

Sciences 
Corporation 


23  WIST  iMAIN  STRUT 

WfilSTER.N.Y.  14SS0 

(716)  S72-4S03 


80 


NOTES  OP  AN  EXILE,  ON  CANADA, 


When  he  saw  his  weeping  comrades,  there  was  a  slight  groan 
and  heave  of  his  broad  chest,  but  that  was  all.  He  waved 
his  handkerchief  as  a  final  adieu,  his  fine,  manly  counte- 
nance was  calm  and  serene,  and  it  was  evident  to  all  who 
saw  him  that  the  everlasting  arms  of  mercy  were  underneath 
and  around  him,  and  that  though  he  was  entering  upon  the 
dark  valley  of  the  shadow  of  death  he  feared  no  evil.  He 
walked  with  a  firm  step  through  the  hall,  ascended  the  stairs 
which  led  to  the  scaffold,  and  was  hidden  from  our  sight 
forever.  About  two  minutes  of  the  most  painful  silence  en- 
sued, when  we  heard  the  fatal  drop!  and  without  a  struggle 
Colonel  James  Morrow  passed  from  the  gallows  to  Heaven! 
Reader,  he  was  a  murdered  man. 


CHAPTER  IX. 

Eflfticts  of  Public  Executions,  &c.— Colonel  Townsend's  Outrage. — Sherif  Hemiltoii. 
— Jack  Ketch. — The  Old  Woman's  Prophecy. — Dialogue  with  the  Catholic  Priest. — 
The  Conscientious  British  Major. 

In  less  than  a  minute  after  the  fall  of  the  platform  which 
consigned  poor  Morrow  to  eternity,  Colonel  Townsend,  ac- 
companied by  half  a  dozen  of  his  brother  officers  and  Tories, 
rushed  into  the  front  hall  and  called  in  a  loud  voice  for  me. 
The  cursed  sound  of  the  drop,  which  continued  to  ring  in  my 
ears  for  months  afterwards,  suddenly  checked  the  feeling  of 
grief  and  sorrow  which  I  before  felt  for  my  friend,  and  filled 
my  breast  with  emotions  of  such  deadly  hatred  to  his  mur- 
derers as  1  never  experienced  before  nor  desire  to  again.  In 
like  manner  were  dried  the  tears  of  my  companions,  who 
had,  with  one  or  two  exceptions,  wept  freely  until  that  fatal 
moment.  An  unnatural  or  violent  death  always  produces 
this  eflfect.  Man's  constitution  is  such  that  his  better  feelings 
can  not  sympathise  with  pain  wantonly  inflicted  upon  a  fellow 
creature.  He  may,  it  is  true,  feel  pity  for  the  party  suffering, 
but  indignation  towards  the  author  of  it  is  a  sensation  more 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


ai 


I 


intense  and  lasting.  Hence  it  is  that  public  executions  arc 
found  to  harden  the  hearts  of  the  spectators,  and  rather  pre- 
pare them  for  the  commission  of  crime,  than  deter  them  by 
its  consequences.  Strange,  that  civilized  and  christian  go- 
vernments should  sanction  a  practice  so  demoralizing. 

In  reply  to  the  call  of  Townsend,  I  stood  before  him,  and 
was  thus  addressed, — 

"Did  you  hear  that  drop?  How  do  you  like  it?  You 
should  have  been  in  his  place  by  right;  but  you  don't  escape, 

by !     It  will  be  your  turn  next.     Do  you  think  you  can 

stand  the  halter?  ha!  ha!  ha!" 

This  climax  of  British  cruelty  was  more  than  I  could  bear, 
with  becoming  dignity,  and  I  slioutcd  in  reply, — 

"Blood  for  blood!  Fiends  of  the  infernal  regions,  your 
hellish  triumph  shall  yet  sound  your  own  death-knell !  Mor- 
row's blood  will  be  avenged !  Aye,  cowards !  you  have  just 
murdered  a  better  man  than  ever  wore  the  British  uniform, 
and  you  come  here  to  insult  his  captive  friends;  but  give  me 
my  arms  and  equal  terms,  and  you  dare  not  move  your  craven 
tongues  to  boast  of  your  halters.  Halters  arc  fit  arms  for 
such  scoundrels  to  use,  and  well  become  your  youthful  Queen, 
and  her  brave  and  chivalrous  soldiers!  Can  I  stand  the  hal- 
ter? you  ask.  Aye,  a  thousand,  if  it  were  necessary  to 
deliver  me  from  such  tyrants  as  you.  Out  upon  ye,  cravens ! 
throw  away  the  sword,  and  carry  a  halter  instead," 

Townsend  answered,  "You  rave  like  a  lion,  but  the  halter 
will  tame  you,  you  d Yankee !'' 

Yery  different  were  the  conduct  and  feelings  of  others  who 

took  part  in  the  transactions  of  that  day»     *That  of  sherif 

Hamilton,  in  the  performance  of  his  odious  duties,  was  sucli 

as  might  have  been  expected  from  a  humane  and  christian 

man.      It  is  customary  for   the  sherifs  of  Great  Britain  to 

employ  a  hangman,  usually  known  by  the  significant  term  ol' 

'^Jack  Ketchy-^  to  execute  the  most  revolting  part  of  their 

duty;  and  the  wretch  is  generally  obliged  to  wear  a  mask  on 

the  occasion,  to  avoid  no  less  the  obloquy  attached  to  his 

olFice  than  the  fury  of  the  populace,  who,  under  the  excitement 

occasioned  by  the  disgusting  spectacle,  frequently  mob  and 
6 


Bft 


NOTES  OF  AN  EXtLE,  ON  CA'NADA, 


sometimes  kill  a  hanginan  as  they  would  a  snake.    Hamilton 
offered  a  bribe  of  one  hundred  pounds  to  any  one  who  would 
hang  Morrow;  but  such  was  the  general  esteem  in  which  the 
victim  was  held,  and  the  odium  attached  to  the  office,  that  no 
man  mean  enough  to  accept  it<Jould  be  found,  except  a  colored 
fellow  who  came  sneaking  about  the  back  part  of  the  jail  the 
day  previous.     Having  accidentally  learned  his  business  from 
the  jailer,  I  asked  for  an  hour's  promenade  in  the  hall.     Plac- 
ing myself  at  an  open  window  secured  by  iron  grates,  which 
commanded  a  view  of  the  yard  and  grounds  where  the  intend- 
ed finisher  of  the  law  was  whiling  away,  in  secret,  the  hours 
which  stood  between  him  and  the  bribe,  I  easily  attracted  his 
notice.     In  a  moment,  a  tall,  raw-boned,  hungry  and  hardened 
looking  black  stood  before  me,  inquiring,  "  Vot  for  you  want 
Sambo?"      "I  understand  you  intend  hanging  Morrow  to- 
morrow?"    "  Yes,  zur."    *'What  do  you  get  for  the  jobl" — 
"Vun  'undred  pounds  zurling,  zur,"  and  his  eyes  glistened 
with  satisfaction.     "  Do  you  value  your  life  at  one  hundred 
pounds?"     "  Vot  you  zay,  zur?"     "  Do  you  think  the  people 
^ill  let  you  live,  after  doing  so  foul  a  deed?"     "  Vill  dey  kill 
urn?"    "  That  they  surely  will:  your  life  is  not  worth  sixpence 
if  you  hang  that  man."     The  scoundrel's  ivory  chattered  with 
fear.     By  this  time  I  was  joined  by  my  fellow  captives,  who 
all  assured  him  that  what  I  said  was  true.     "  Tank  you  all, — 
save  me  life;  me  no  do  it;"  and  away  he  ran  through  the  back 
fields,  never  appearing  again  as  a  candidate  for  the  honorable 
office  of  "Jack  Ketch."      The   consequence  was,  that   the 
sherif  was  under  the  necessity  of  either  resigning  his  office,  or 
doing  his  own  ^irty  worL     The  friends  of  Morrow  were  in 
hopes  that  he  would  do  the  foormer,  and  thus,  perhaps,  by 
deferring  the  execution,  save  his  life.    He  said  that  he  was 
only  the  instrument  of  the  government,  on  which  the  blame 
rested;  yet  it  was  very  hard  to  hang  a  better  man  than  him- 
self.   An  old  woman  who  sometimes  visited  Ihe  jail  to  minis- 
ter to  the  wants  of  the  prisoners,  told  him  Ihat  if  he  hung 
Morrow,  the  vengeance  of  Heafven  would  soon  overtake  him. 
Her  words  proved  true,  for  a  few  months  afterwards  he  was, 
by  tm.  unusually  sudden  death,  called  to  join  his  victim  in  the 


ENGLAND  AND  VAN  DUTMAN's  LaIVD. 


83 


land  of  spirits.  He  was,  however,  esteemed  by  all  who  knew 
■him  as  a  very  excellent  man;  and  his  conduct  towards  us  was 
at  all  times  respectful  and  humane.  He  was  melancholy  from 
that  day  until  his  death.  The  voice  of  an  accusing  conscience 
was  doubtless  the  cause. 

After  the  execution  of  Morrow,  I  was  visited  for  several 
days  in  succession,  by  one  of  the  Catholic  priests  before  refer- 
red to,  who  manifested  a  very  strong  desire  to  convert  me  to 
Catholicism;  and  we  spent  consideoi'abie  time  in  arguing  the 
merits  and  demerits  of  our  respective  Bibles,  doctrines,  &c., 
the  details  of  which  are  too  lengthy  for  this  volume. 

The  last  time  I  had  the  pleasure  of  seeing  him,  the  follow- 
ing dialogue  took  place: 

"Why  do  the  Catholics  pray  to  the  Virgin  Mary,  and  other 
saints?" 

"  They  only  pray  to  them  as  mediators,  asking  them  to 
intercede  in  their  behalf,  with  Jesus  Christ,  into  whose  blessed 
presence,  from  the  holiness  of  their  characters,  While  here  on 
earth,  it  is  certain  they  are  admitted  in  HeavenJ" 

"  Does  Christ  need  such  intercession,  to  induce  him*  tc  be 
merciful  to  those  who  love  and  pray  to  him?" 

"Christ  may  listen  to  those  near  him  in  Heaven,  whom  he 
loves,  as  the  Virgin  Mary  and  his  apostles,  if  they  can  be 
prevailed  uj  on  to  join  in  our  requests,  when  he  would  other- 
wise deny  us." 

"Are  the  saints  in  heaven  endowed  with  the  attributes  of 
Jehovah?" 

"By  no  means.  They  are  all,  doubtless,  free  from  sin  in 
the  other  world,  in  which  respect  they  are  perfect,  but  no  one 
supposes  they  are  equal,  in  any  respect,  to  the  Almighty." 

"  Why  pray  to  them,  then?" 

"  For  the  reasons  which  I  have  before  assigned." 

"But  to  hear  your  prayers,  they  must  be  omnipresent  as 
the  Deity  himself,  for  the  Catholics  address  them  at  the  same 
time,  from  all  parts  of  the  world.  How  can  the  Virgin  Mary 
hear  a  thousand  such  petitions  at  once?  To  know  whether 
these  petitions  are  proper  to  be  answered,  that  is,  if  it  is  con- 
rsistent  for  divine  Providence,  in  his  government  of  the  world, 


S4 


NOTES  OP  AN  EXILE,  ON  CANADA, 


to  grant  your  requests,  and  also,  whether,  if  granted,  they 
would  really  prove  a  blessing  (for  God  is  sometimes  really 
merciful  in  denying  our  foolish  petitions)  the  saint  whose 
intercession  is  sought  must  necessarily  possess  another  chief 
attribute  of  the  Deity,  omniscience.  According  to  your  own 
admission,  then,  it  must  be  folly  to  spend  your  breath  in  pray- 
ing to  them,  when  they  can  neither  hear  your  prayers  nor 
judge  of  their  propriety  if  they  could  hear  them/* 

"My  friend,"  said  the  priest,  "I  see  that  you  and  I  can  not 
agree  on  these  points;  indeed,  I  confess  I  have  never  thought 
upon  the  subject  in  this  light;  yet  1  doubt  not  my  su})eriors  in 
the  church  can  explain  this  apparent  inconsistency  satisfacto- 
rily." Wc  shook  hands  cordially,  and  I  have  never  seen  him 
since. 

I  was  likewise  favored,  about  this  time,  with  visits  from 

Major  ,  of  the  24th.     He  W^as  a  very  religious  man  by 

profession,  and  thought  to  convince  me  that  rebellion  to  the 
"powers  that  be,"  is  under  any  circumstances,  unscriptural 
and  wicked.  He  believed,  he  said,  that  I  was  sincere,  and 
my  motives  in  joining  the  Canadians  were  good,  (he  was  one 
of  the  officers  present  at  Drummondsville,  when  Townsend 
abused  me.)  but  if  I  died  in  that  belief,  t  was  certain  of  going 
to  Hell,  where  the  prince  of  rebels,  Satan,  reigns.  He  talked 
some,  and  asked  permission  to  pray  some,  but  his  arguments 
and  prayers  smelt  very  strongly  of  brimstone,  when  he  got 
upon  the  subject  of  rebellion  against  his  sovereign  lady.  Queen 
Victoria.  The  sweet  creature !  He  said  he  would  wade  up 
to  his  knees  in  blood  to  serve  her; — upon  which  I  told  him  I 
guessed  I  should  have  enough  of  his  company,  in  that  region 
of  the  other  world  to  which  he  consigned  the  rebels;  and  so 
we  parted.  I  verily  believe,  after  his  unsuccessful  efforts  to 
convert  me  to  monarchy,  he  thought  me  a  desperate  fellow, 
and  certain  of  a  hot  berth  in  *•  t'other  world." 


^ 


ENGLAND  AND  VAN  DIEMAN'S  LAND. 


85 


CHAPTER   X. 


The  Coart. — Tiie  Trials  Falsely  Reported  in  (he  Tory  Newspapers. — Packed  Juriea. 
— The  Author  is  tried. — Plea  of  Insanity. — Vsrdict  of  the  Jury.— Infamous  Con- 
duct of  the  Judge.— The  Jury  alter  their  Verdict.— The  Tory  Lawyer. — Arraign- 
ment of  Sixteen  Prisoners  to  receive  Judgment. — The  Court  Room.— Demeanor 
of  the  Prisoners  and  Spectators. — Address  of  the  Judge  to  the  Author. — The 
Author's  Reply. — Sentence  of  the  American  Citizens. — Sentence  of  the  British 
Subjects. 

At  the  session  of  Oyer  and  Terminer  and  general  jail 
delivery,  held  at  Niagara  on  the  first  of  August,  twenty 
persons  were  convicted  of  treasonable  offenses.  The  trials 
were  void  of  general  interest,  except  as  they  served  to  show 
the  corruption  of  justice  in  Canada.  The  reports  of  the 
trials,  as  they  appeared  in  the  Tory  newspapers  of  the  coun- 
try, were  generally  palpably  false.  The  testimony  against 
the  prisoners  was  altered  so  as  to  make  their  characters  and 
offenses  as  black  as  possible,  in  order  to  prejudice  the  public 
mind  against  them,  cast  contumely  on  the  Patriot  cause,  and 
prevent  any  sympathy  being  felt  for  the  unfortunate  victims 
upon  whom  the  vengeance  of  the  law  was  to  be  executed. 
Most  of  the  jurymen  were  Tories,  and  tools  of  the  govern- 
ment. There  were,  however,  some  honest  men  amongst 
them,  some  of  whom,  in  spite  of  every  precaution  taken  by 
the  Attorney  General,  would  occasionally  get  a  seat  in  the 
jury  box,  and  many  thereby  got  acquitted. 

I  had  intended  to  manage  my  own  defense;  but,  at  the 
urgent  solicitation  of  my  friends,  who  said  the  government 
were  determined  to  hang  roe,  and  the  only  chance  for  my 
life  would  be  to  set  up  a  plea  of  insanity,  1  yielded  a  reluc- 
tant assent  to  their  wishes  for  a  sham  defense,  which  was 
managed  by  a  Mr.  Boulton,  a  Tory  lawyer  of  Niagara.  The 
only  ground  for  this  plea  was,  that  a  few  months  previous^ 


86 


IfOTES  OF  AN  EXILE,  OTf  CANADA, 


I  had,  unfortunately  for  myself  and  friends,  suffered,  through 
a  fit  of  sickness  and  too  close  application  to  my  professional 
studies,,  a  partial  derangement,  which  lasted  two  or  three 
months.  This  affliction,  from  the  consequences  which  re- 
sulted, was  most  distressing  to  myself  and  relatives.  Friends 
whom  an  affliction  of  this  nature  can  estrange,  must  be 
heartless  and  fickle,  and  enemies  who  can  persecute  at  such 
a  time,  can  scarcely  be  ealkd  generous. 

After  a  long  and  tedious- trial,  the  jury  retired  for  half  an 
hour.  This  was  a  time  of  intense  anxiety  and  excitement, 
and  although  I  expected  and  had  prepared  my  mind  for  the 
worst,  yet  it  was  impossible  not  to  hope,  even  against  hope, 
lor  an  acquittal. 

The  jury  at  length  returned  into  court,  and  delivered  their 
Terdict,  which  was, — 

"  Guilty;  with  an  earnest  recommendation  of  the  prisoner 
to  the  extreme  mercy  of  the  court.'' 

Chief  Justice,  in  a  great  rage. — "  Gentlemsen  of  the  jury, 
d'o  you  know  that  your  verdict  is,  virtually,  an  acquittal? — 
How  dare  you  bring  in  such  a  verdict  in  this  case*}  There 
are  no  favorable  grounds  upon  which  such  a  recommendation 
can  be  based.  The  prisoner  is  the  most  guilty  of  any  of  the 
party,  for  he  can  not  plead  ignorance  as  the  others;  he  richly 
deserves  the  highest  penalty  of  the  law.  If  you  believe  from 
the  evidence,  that  he  was  not  of  sane  mind  at  the  time  of 
the  commission  o>f  the  overt  acts  of  treason  charged  in  the 
indictment,  it  is  your  duty  to  acquit  him;  but  insanity  before 
or  alter  the  commission  of  the  crime,  can  not  aflFect  your 
verdict." 

The  foreman. — "My  lord,  the-  jury  regard  him  as  having 
been  partially  deranged  some  months  since,  but  of  sane  mind 
when  he  invaded  this  province." 

Chief  Justice. — "Then  retire,  gentlemen,  and  reconsider 
your  vecdict.    You  can  not  recommend  him  to  mercy." 

In  a  few  minutes  they  returned  with  a  verdict  of — 

"Guilty;  with  a  recommendation  of  the  prisoner  to  the 
merey  of  the  court."  ^ 

Chief  Justice. — "Gentlemen  of  the  jury,  I'll  teach  you 


ENGLAND  A»D  TAN  DIEMAS  8  LAND. 


m 


\ 


I 


your  duty.  How  dare  you  return  such  a  verdict?  If  you 
are  determined  to  recommend  the  prisoner  to  mercy,  state 
your  grounds  for  so  doing,  that  the  court  may  judge  if  they 
are  sufficient;  but  they  can  not  be,  and  you  ought  to  know 
your  duty  better.  You  are  a  disgrace  to  the  jury-box  and 
your  country." 

A  juryman. — **My  lord,  we  recommend  him  on  account 
of  his  youth." 

Chief  Justice.^ — "  That  is  no  excuse  for  his  erimes;  he  is 
old  enough  to  know  better,  and  I  know  him  to  be  the  most 
guilty  man  we  have  tried." 

Another  juryman. — "My  lord,  we  believe  him  to  be  an 
enthusiast  in  the  cause  in  which  he  was  engaged;  that  his 
motives  were  good,  and  his  conduct  honorable  and  humane." 

Chief  Justice. — "His  enthusiasm  is  no  excuse,  and  you 
have  no  evidence  before  you  that  his  conduct  was  either 
honorable  or  humane,  as  you  assert.  You  are  not  to  allow 
any  thing  which  you  have  heard  out  of  coMFt  to  prejudice 
your  minds  in  the  prisoner's  favor.  The  lancers,  who 
were  prisoners  in  the  hands  of  his  party,  are  present;  but 
his  counsel  has  not  thought  proper  to  call  upon  them  as  wit- 
nesses; the  presumption  is,  that  their  testimony  would  rather 
prejudice  his  case  than  otherwise.  The  consideration  of 
mercy,  gentlemen,  does  not  belong  to  you.  Your  duty  is  to 
pronounce  the  prisoner  guilty  or  not  guilty;  and  you  ought  to 
presume  that  the  court  and  the  Lieutenant  Governor  know, 
better  than  yourselves,  what  circumstances,  if  any,  in  this 
case,  will  admit  of  a  favorable  constructiou." 

After  a  short  consultation,  the  jury  returned  a  verdict  of 
guilty,  only,  and  the  infamous  Chief  Justice — a  second  Jef- 
fries— with  a  countenance  beaming  with  hellish  smiles, 
bowed  to  the  jury,  and  eagerly  directed  the  verdict  to  be 
recorded.  There  sat  my  worthy  counsel,  in  his  robes, 
during  the  enactment  of  the  foregoing  scenes,  without  utter- 
ing a  single  protest  against  the  Lynch  law  used  by  the 
Judge,  to  shake  the  resolution  of  the  jurors,  and  obtain  a 
verdict,  under  which  the  extreme  penalty  of  the  law  might 
be  inflicted.     The  lancers  were  present,  and  asked  me  wliy 


,.  ^ 


88 


NOTES  OF  AN  EXILE,  ON  CANADA, 


Mr.  Boulton  had  nut  CAlled  upon  them,  as  they  were  certain 
their  testimony  would  have  cleared  me.  I  have  always 
thought  the  same,  but  my  Tory  counsel,  for  reasons  best 
known  to  himself,  chose  not  tu  call  them. 

On  the  5th  August,  fifteen  fellow  captives,  beside  myself, 
were  arraigned  at  the  bar  of  the  court  to  receive  judgment. 
Four  of  the  sixteen  were  tried  as  American  citizens,  the 
others,  as  British  subjects.  The  court  room  was  densely 
crowded,  and  as  I  glanced  my  eye  over  the  assemblage  of 
men  whom  curiosity  or  other  motives  had  drawn  together, 
to  hear  the  solemn  doom  of  death  adjudged  to  sixteen  of 
their  fellow  mortals,  it  rested  upon  several  respectable  Can- 
adians whose  lives,  fortunes  and  honor  were  pledged  in  sup- 
port of  the  cause  of  liberty.  A  few  of  the  spectators  con- 
ducted themselves  with  shameful  levity,  and  it  was  evident 
that  they  had  come  hither  as  to  a  fair,  or  to  prop  up  their 
loyalty  to  their  sovereign,  by  casting  contempt  upon  their 
fallen  foes;  but  the  countenances  of  the  great  majority  were 
serious,  and  methought  I  could  see  the  divinity  of  compas- 
sion stirring  within  their  breasts,  and  their  silent  aspirations 
ascending  upward  to  the  throne  of  the  Eternal  One,  for  Him 
who  sitteth  thereon,  to  extend  to  us  that  mercy  which  an 
earthly  tribunal  was  about  to  deny  us.  The  stillness  of 
death  succeeded  the  proclamation  of  the  crier,  to  keep 
silence.  I  glanced  at  my  fellow  captives.  Their  demeanor 
was  respectful,  and  befitting  the  occasion.  There  was  an 
air  of  calmness  resting  upon  their  countenances,  an  indefina- 
ble something  in  their  manner,  which  might  have  told  their 
blood-thirsty  enemies  that  no  coward's  heart  beat  within  the 
aching  breasts  of  their  victims;  that  no  sense  of  guilt,  in  the 
eye  of  Heaven,  raised  its  accusing  voice  against  them;  that 
condemnation,  under  an  unjust  law,  by  an  unjust  Judge, 
though  it  might  loose  the  silver  cord  of  life,  and  break  the 
golden  bowl  of  earthly  enjoyments;  though  it  might  hang 
up  their  bodies  between  heaven  and  earth,  as  unfit  for  either, 
and  scatter  the  elements  of  their  earthly  tabernacles  to  the 
winds  of  heaven,  could  not  deprive  them  of  the  conscious- 


ENGLAND  AND  VAN  DIEMAN'S  LAND. 


89i 


I 


ness  of  rectitude,  or  make  them  love  less  the  cause  of  Cana 
dian  liberty. 

Chief  Juslice"  Jones. — "Linus  Wilson  Miller,  you  stand 
convicted  of  a  wicked  attempt  to  overthrow  the  govern- 
ment of  this  colony,  by  force  of  arms;  a  citizen  of  a  foreign 
country  at  peace  with  Great  Britain,  of  which  kingdom  this 
province  is  a  dependence,  you  have  joined  in  a  most  atro- 
cious conspiracy  to  subvert  the  laws  and  institutions  of  the 
land,  aided  by  wicked  and  disaffected  subjects  of  her  Ma- 
jesty; you  have  invaded  this  peaceful  and  happy  province; 
seduced  good  loyal  subjects  from  their  allegiance  to  their 
gracious  sovereign;  raised  the  standard  of  rebellion,  and  at- 
tempted the  lives  of  a  great  number  of  her  Majesty's  sol- 
diers, who  were  nobly  serving  their  country.  It  is  in  evi- 
dence that  you  were  at  the  battle  of  the  Short  Hills,  on  the 
21st  June  last,  with  arms  in  your  hands,  and  acting  a  very 
important  part  in  the  transactions  of  that  day.  Although, 
happily,  no  lives  were  lost  at  the  time,  you  are  as  guilty  in 
the  eye  of  Heaven,  as  though  your  murderous  hand  were 
actually  stained  with  the  blood  of  your  intended  victims. — 
You  have  had  the  benefit  of  a  fair  and  impartial  trial;  the 
court  have  granted  you  every  facility  for  making  your  de- 
fense;- and  a  trial  by  jury,  the  birthright  of  every  English- 
man and  subject  of  her  Majesty  in  this  happy  country,  the 
sacred  peace  and  tranquility  of  which  you  have  violated,  has 
likewise  not  been  denied  you.  Your  education  and  profes 
sion  should  have  taught  you  to  venerate  the  laws,  and  to 
assist  in  the  preservation  of  peace;  but  you  have  learned, 
too  late  for  repentance,  that  Heaven  will  not  allow  wicked- 
ness to  prosper;  yet  the  awful  doom  which  my  imperative 
duty  compels  me  to  pronounce  in  this  case,  may,  and  I 
trust  it  will,  prove  a  salutary  warning  to  your  countrymen, 
thousands  of  whom,  are  leagued  with  you  in  the  same  unlaw- 
ful and  unholy  purpose.  A  jury  of  twelve  honest  and 
respectable  men,  after  a  long,  and  patient  hearing  of  the  evi- 
dence for  and  against  you,  have  pronounced  you  guilty, 
without  any  qualification  of  their  verdict;  and  you  can  there- 
fore have  no  hopes  of  mercy.     You  are  aware  of  the  dread- 


B:£!;tjiit.v>-:'M,  U 


nOTBS  or  AM  EXILE,  ON  CANADA, 


ful  penalty  which  the  ]»w  you  have  violated  attaches  to  th( 
guilty,  and  I  now  ask  if  you  have  any  thing  to  .say  why  sen- 
tence of  death  should  not  be  passed  upon  you." 

<<  My  lord,  your  lordship  has  asked  whether  I  have  any- 
thing to  say,  why  sentence  of  death  should  not  be  pro* 
nounced  against  me.  I  shall,  with  the  permission  of  your 
lordship,  offer  a  few  remarks;  not,  however,  with  the  hope 
that  I  shall  be  able  by  any  thing  that  I  may  say,  to  turn 
aside  the  impending  fate  that  awaits  me. 

"When  I  entered  this  court-room,  a  few  minutes  since,  1 
neither  intended,  nor  felt  any  inclination  to  raise  my  voice 
in  my  own  defense,  or  offer  any  remonstrance  to  the  pro- 
ceedings taken  against  me.  I  consideved  it  useless  to  do  so; 
for,  from  the  course  pursued  by  this  court,  from  the  first,  1 
knew  myself  a  doomed  man.  I  felt^  too,  that  the  ties  which 
bound  me  to  this  earth,  were  already  nearly  severed,  that 
the  bitterness  of  death  was  past,  and  that  I  was  resigned  to 
my  fate.  But,  my  lord,  when  I  look  around  upon  this 
assembly,  and  see  so  many  of  my  fellow  creatures,  whose 
countenances  are  beaming  with  happiness  and  peace,  and 
kindly  sympathies  for  the  woes  and  wretchedness  of  the  un- 
fortunate; when  I  look  out  upon  the  fair  face  of  nature^  and 
see  so  much  that  is  beautiful  and  lovely;  when  my  ear 
catches  the  hum  of  the  happy  multitude,  a»  they  thread  the 
pleasant  mazes  of  huinan  life,  in  which  scenes  I  so  recently 
participated;  and  above  all,  when  memory  calls  up  the  past 
scenes  of  childhood  and  early  youth,  wken  alH  was  bright  and 
fair,  and  I  think  of  my  own  happy  home  and  the  kindred 
spirits  there  who  love  me,  I  can  but  feel  that  there  is  much 
to  bind  me  to  earth;  tkat  it  will  be  hard  to  diie.  Aad,  my 
lord,  hard  as  it  may  be  for  one  so  young  in  years^  to  bid 
adieu  to  earth,  it  is  harder  still  to  die  the  death  of  a  felon.. 
Was  the  crime  of  which  your  lordship  has  told  me  I  stand 
convicted,  of  a  nature  to  deserve  death,  and  bring  upon  my 
name  that  contumely  and  reproach  which  justly  belong,  and 
are  attached  by  universal  consent  of  the  good,  to  depravity 
of  conduct;  was  I  even  sensible  that  I  stood  before  an  im- 
partial court  of  justice,  fairly  convicted  of  a  crime  which,. 


ENGLAND  AND  VAN  DIBMAN  8  LAND. 


91 


. 


had  I  but  Micceeded,  would  have  been  rewarded  as  a  virtue, 
but,  having  failed,  subjected  me  to  the  penalty  of  an  igno- 
tninious  death,  I  would  bear  without  a  murinur  of  complaint 
the  consequences  of  my  own  folly.  Hut,  my  lord,  I  can  not 
yield  a  silent  assent  to  the  pertinent  remarks  which  your 
lordship  has  thought  proper  to  make  with  reference  to  my 
case,  lest  the  world  should  thereby  adjudge  me  deserving  of 
all  which  I  am  about  to  suffer. 

"In  reference  to  the  statute  under  which  1  have  been  tried, 
I  am  under  the  full  conviction  that  it  is  unconstitutional, 
and  in  this  opinion,  I  believe  I  am  sustained  by  some  of  the 
legal  gentlemen  now  present.  I  am  of  the  opinion  that  no 
statute,  affecting  the  life  of  an  individual,  whether  a  subject 
or  not,  can  be  considered  the  law  of  the  land  until  it  shall 
have  received  the  sanction  of  the  sovereign.  Indeed,  your 
lordship  must  be  aware,  that  an  imperial  statute  has  imposed 
an  inability  upon  all  provincial  legislative  bodies  to  enact 
such  a  law,  and  the  right  to  legislate  upon  the  subject  ol 
treason,  belongs  exclusively  to  the  imperial  Parliament.  If 
I  am  right  upon  these  points,  the  proceedings  of  this  court 
with  reference  to  my  trial,  are  illegal  and  void,  ab  initio;  and 
I  do  not,  as  your  lordship  has  said,  stand  convicted  of  any 
crime  nor  subject  to  any  penalty.  I  know,  my  lord,  that 
under  this  statute  Colonel  Morrow  has  lately  suffered,  and  I 
have  no  reason  to  suppose  that  my  pleading  its  unconstitu- 
tionality, will  be  any  bar  to  the  awful  fiat  which  is  about  to 
fall  from  the  lips  of  your  lordship. 

"  I  am  indeed  asked  why  the  sentence  of  the  law  should 
not  be  passed  upon  me ;  why  I  should  not  yield  up  my  life 
without  a  struggle  ;  why  I  should  not  die  a  felon's  death  and 
go  down  to  a  felon's  grave,  an  outcast  of  earth,  accursed  by 
my  fellow  men  as  unfit  to  live,  yet  worthy  to  die  !  If  I  had 
done  a  deed  worthy  of  such  a  fate,  I  would  say,  let  it  come ; 
but  I  declare  to  your  lordship,  that  according  to  the  dictates 
of  my  own  judgment,  I  deserve  neither  death  nor  bonds.  I 
have  not  been  guilty  of  the  death  of  any  fellow  man  ;  I  have 
taken  from  no  one  that  which  was  not  my  own.  According 
to  the  evidence  produced  in  this  court,  by  the  Attorney  Gen- 


NOT£S  OF  AN  EXILE,  ON  CANADA, 


eral  to  convict  me,  I  came  not  into  this  country  to  destroy 
its  form  of  government,  but  with  the  most  friendly  inten- 
tions ;  according  to  that  evidence,  my  sole  business  at  the 
Short  Hills  was  to  induce  the  deluded  men  there,  to  return  to 
the  United  States  without  disturbing  the  peace  of  the  country; 
and  when,  after  the  most  persevering  efforts,  I  failed  in  my 
purpose,  I  attempted  to  return  as  I  came,  but  was  prevented 
from  doing  so  by  the  lines  being  guarded.  Thus  situated,  I 
had  no  alternative  but  to  return  and  seek  safety  with  the  par- 
ty. Young  and  inexperienced,  I  was  led  into  the  error  —  if 
error  it  may  be  called — of  which  I  stand  convicted,  by  the 
advice  of  others.  Had  truth  and  justice  prevailed,  I  should 
not  now  be  called  to  stand  before  your  lordship  in  peril  of 
my  life. 

"I  say  I  stand  convicted;  but  upon  what  evidence  has  that 
conviction  been  obtained  '?  Upon  that  of  the  perjured  Doan, 
who  has  become  an  evidence  for  the  crown  to  save  his  own 
life.  True,  there  has  been  some  other  trifling  evidence 
against  me,  from  persons  who  I  believe  intended  to  speak  the 
truth,  but  they  were  in  error;  no  doubt  they  were  led  astray 
from  the  necessary  confusion  of  the  moment. 

"  From  the  defense  set  up  by  ray  counsel,  contrary  to  my 
own  convictions  of  justice  and  against  my  wishes,  most  unhap- 
pily for  myself,  the  principal  witnesses  in  my  favor  have  not 
been  heard.  This,  however,  was  no  fault  of  the  court,,  but  my 
misfortune.  I  see  those  witnesses  present  to-day,  to  hear 
my  doom,  whose  evidence  might  have  averted  it^  I  appeal, 
my  lord,  to  the  lancers,  whether  I  did  not,  in.  the  case  of 
more  than  one  of  their  number,  at  the  risk  of  my  own  life, 
stay  the  hand  of  the  assasin,  and  prevent  the  effusion  of  blood. 
I  appeal  to  every  individual  present  at  the  E^ttack  at  the 
Short  Hills,  whether  I  did  not  every  thing  in  my  power  to 
restore  property  which  had  beei)  tak.en^  and  set  the  prisoners 
at  liberty. 

"I  am  here  before  your  lordship,  convicted,  I  am  told,  as  a 
felon;  but  appealing  to  my  ow;n  conscience,  I  declare  to  your 
lordship,,  to  the  court  and  to  the  world,  that  I  cannot  consider 
myself  guilty  of  si  felonious  act,.    My  judgment  and  roy  cou» 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


^ 


} 


science  approve  of  my  conduct;  yet,  if  it  is  my  fate  to  suffer 
death,  I  trust  I  may  be  enabled  to  meet  it  with  becoming 
firmness,  and  bow  to  the  mandate  that  decrees  it." 

The  Judge  then  asked  the  other  Americans  the  usual  ques- 
tion ;  and  nothing  being  said,  except  by  the  poor  boy,  Cooley, 
who  only  laughed,  and  told  him  to  "Go  ahead,"  he  pro- 
ceeded to  pass  sentence,  prefacing  it  with  snme  remarks, 
intended  as  a  reply  to  what  I  had  urged  with  reference  to  the 
unconstitutionality  of  the  law  under  which  we  had  been  con- 
victed ;  justifying  the  enactment  of  tho  law  and  the  punish- 
ment under  it,  upon  the  ground  of  expediency ;  there  being 
no  other  law,  as  he  said,  for  punishing  treasonable  offenses 
committed  by  foreigners  ;  and  the  country  being  in  imminent 
danger  from  foreign  invasion.  It  was,  therefore,  as  much  the 
law  of  the  land  as  any  under  which  the  province  was  gov- 
erned, and  under  these  circumstances  required  not  the  sanc- 
tion of  the  home  government,  &c.,  &c. 

^'  The  sentence  of  the  court  is^  that  you,  Linns  Wilson  Miller^ 
George  Cooley,  Jforman  Mallory,  and  William  Reynolds,  be 
taken  to  the  jail  from  xohcnce  you  came,  and  that  on  Saturday 
the  twenty-fifth  day  of  this  present  month,  you  he  taken  to  the 
ylace  of  execution,  and  he  hanged  by  the  neck  until  you  arc 
dead.^'* 

The  Solicitor  General  then  moved  the  court  for  judgment 
upon  the  other  twelve,  who  were  tried  as  subjects  of  the 
crown.  They  were  separately  asked  if  they  had  any  thing 
to  say,  why  the  sentence  of  the  law  should  not  be  pronounced 
njrainst  them.  In  the  case  of  Mr.  Wait,  his  counsel  moved 
that  the  verdict  be  set  aside,  on  the  ground  that  Mr.  V\  ag- 
staff,  one  of  the  jury  who  had  pronounced  him  guilty,  was 
not  a  liege  subject,  but  a  citizen  of  the  United  States;  the 
law  making  it  imperative  that  the  jurors,  in  the  case  of  a  cap- 
ital ofiense,  should  be  British  subjects — but  the  court  decid- 
ed that  it  was  too  late  to  interpose  that  plea.  One  or  two 
others  made  a  few  remarks,  when  the  Judge  proceeded  to 
what  should  have  been  a  painful  task.  He  told  them  that 
in  all  probability,  mercy  would  be  extended  to  some  of  them, 
but  to  whom,  no  on«  then  knew  ;  and  that  the  recommenda- 


94 


FOTES  OF  AN  EXILE,  ON  CANADA, 


tions  to  raercy  by  the  jury,  in  the  cases  of  some,  would  be 
represented  in  the  proper  quarter.  He  urged  upon  them  all, 
the  importance  of  immediate  preparation  for  another  world, 
and  then  pronounced  the  following  sentence : 

'^  The  sentence  of  the  court  is,  that  you,  Samuel  Chandler, 
Benjamin  Wait,  Mexander  McLeod,  James  Gemmell^  John 
Grant,  Murdoch  McThaddon,  John  James  McJ^ulty^  David 
Taylor^  James  Waggoner,  Garret  Van  Camp,  John  Vernon, 
and  George  Buck,  and  each  of  you,  be  taken  to  the  jail  from 
whence  you  cam^,  and  that  on  the  twenty-fifth  day  of  this  pre- 
sent month  of  August,  you,  and  each  of  you,  be  drawn  on  a 
hurdle  to  the  place  of  execution,  and  thai  you  be  there  hanged 
by  the  neck  until  you  are  dead;  then  your  bodies  are  to  be 
quartered;  and  may  God  have  Qnercy  on  your  souls  /  " 

Several  of  the  spectators  responded  a  hearty  amen  to 
this  last  expression,  and  many  burst  into  tears,  among  whom 
I  noticed  one  of  the  bailifs,  who  had  us  in  charge.  Reader, 
it  was  a  solemn  scene.  Sixteen  men,  many  of  whom  were 
in  the  morning  of  their  days,  doomed  by  an  earthly  Judge,  to 
•die  in  the  cause  of  freedom.  If  there  were  no  avengers  upon 
earth,  there  was  One  in  heaven,  who  looked  upon  that  cor- 
rupt court,  and  unjust  Judge,  and  said,  "  Vengeance  is  mine 
—  I  will  repay.'' 


XXQ/LASfD  AND  VAN  DIE&IAN'S  LAND. 


95 


CHAPTER    XI. 

The  Condemned  Prisoners.— Visits  of  the  Tories.— Scorn  for  Scorn.- Sublime  Speecii 
of  the  boy,  Cooley. — Visits  from  Friends. — Intercession  of  the  Lancers. — Letter  of 
the  Honorable  W.  H.  Seward  to  Sir  George  Arthur.— Sentence  of  Death  commu- 
ted to  Transportation  to  Van  Dieman's  Land.— Removal  to  Fort  Henry.  — The 
Parting.— Intercession  of  Mrs.  Wait  and  Miss  Chandler.— Desertion  of  British  Reg- 
ulars  Arrival  at  the  Fort.— The  Point-au-Pelee  Prisoners,  and  others.- The   Ex 

Pott  Facto  Law.— Treatment  of  the  Prisoners.— Exercise — Mr.  Wrxon. — Mr.  Par- 
ker—Letters to  Friends. — SherifMacdonald.— Treatment  of  David  Taylor.— Death 
bed  Scene.— Arrival  of  Prisoners  from  Niagara.— Visits  of  Sir  George  Arthur.— 
The  Unwelcome  Notice. 

No  language  can  describe  the  anxious  days  and  nights  en- 
dured by  our  doomed  party,  while  under  sentence  of  death. 
As  no  one  knew  who,  if  any,  would  be  spared,  the  excitement 
which  all  experienced,  was  greater  than  it  would  have  been 
had  it  been  expected  that  all   would  suffer.      The  men,  in 
general,  exerted   themselves    to  appear  cheerful;  and  while 
many  a  prayer  was  offered  in  secret  to  that  Gracious  Being 
who  tempers  the  wiwd  to  the  shorn  lamb,  a  casual  observer 
would  scarcely  have  dreamed,  from  the  calm  and  cheerful 
looking  countenances  we  wore,  that  pur  days  on  earth  had 
been  limited  to  so  short  a  period.     There  was  scarcely  an 
hour  in  the  day  that  some  of  our  enemies  were  not  there, 
apparently  to  insult  our  misfortunes.     Not  unfrequently  might 
be  heard  the  laugh,  sneer,  and  taunt  of  some  oJd  Tory,  as  he 
stood  peeping  through  the  grates  into  our  cage,  and  seldom, 
indeed,  did  it  happen,  that  some  of  our  number  were  not 
ready  to  "  repay  with  interest,  scorn  for  scorn." 

"We  have  you  fast  you  d rebels!    Sixteen  for  the 

halter!  ha!  ha!  ha!  I'm  coming  to  the  fair  on  the  25th;  wife, 
family,  and  all;  will  give  five  ^dollars  a  head  for  a  stand  near 
the  drop,  just  to  see  you  kick  the  air,  ha!  ha!  ha!"  shouted 
an  old  grey-headed  man,  one  day  from  the  front  hall. 


t 


h 


H 


06  NOTES  OF  AN  EXILE,  ON  CANADA, 

"  Aye,  fetch  the  family,"  replied  a  dry  chap,  who  lived 
within  a  few  miles  of  our  jolly  visiter.  "  The  sight  of  such  a 
i^rand  hanging-match  will  do  them  good,  it  is  to  be  presumed, 
for  the  example  is  just  the  thing  they  need.  I  have  the  plea- 
sure of  knowing;  something  about  them,  old  Beelzebub.  1 
•caught  your  youngest  son,  a  few  weeks  since,  robbing  my  hen- 
roost; the  older  ones,  I  hear,  pursue  larger  game;  and  there's 
the  gals  too,  who  have  been  on  the  town  these  eight  years, 
let  them  come  along,  and  bring  their  gallants  with  them.  It 
will  do  them  all  good  to  see  how  the  thing  is  done;  they'll  learn 
Irow  to  behave  when  their  turn  comes.  How  often  have  you 
come  to  look  at  them  in  this  cage?  Say,  old  fellow,  tell  us 
•all  about  it." 

"You   d liar!"  shouted  the  old  man,  as  he  retreated, 

having,  as  we  all  thought,  the  worst  of  it. 

On  another  occasion,  several  of  these  gentry  were  joking, 
apparantly  in  great  glee  and  anticipating  a  grand  treat  on  the 
25th  instant,  when  the  boy  Cooley,  with  a  peculiar  grin  on  his 
countenance,  which  he  always  wore  when  he  thought  he  had 
something  cunning  to  say,  walked  up  to  the  grates  and 
exclaimed,  "We're  the  chaps  to  break  up  your  goose  nests,  ho ! 
he!  he!"  This  was  so  sublimely  ridiculous,  that  our  guests 
were  at  first  at  loss  to  understand  it,  and  when  at  length  they 
"took  it  in,"  through  their  thick  pates,  they  tried  in  vain  for 
half  an  hour  to  say  something  to  match  it. 

We  were  daily  visited  by  friends,  and  particularly  clergy- 
men, many  of  whom  appeared  deeply  and  sincerely  to  sym_ 
pathise  vvith  us,  and  sometimes  a  solemn  scene  of  weeping 
and  prayer  took  place,  in  which  some  engaged  who  had  per- 
haps scarcely  wept  or  prayed  before  for  many  long  years. 
We  were  encouraged  by  hundreds  to  hope  for  the  best;  but 
at  the  same  time  admonished  to  be  prepared  for  the  worst. 
Many  believed  that  no  more  executions  would  take  place, 
and  numerous  petitions,  bearing  signatures  of  the  most  re- 
spectable inhabitants  of  Canada  and  the  adjoining  states, 
were  forwarded  to  Governor  Arthur,  praying  for  mercy  in 
our  behalf.  I  had  the  satisfaction  of  hearing  from  Mr.  Boul- 
ton,  that  the  lancers,  whose  lives  I  had  saved,  went,  imme- 


i  ■ 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


87 


•rrv- 

&.' 

m_ 

)er- 

irs. 

[but 

rsl. 

cc, 
re- 
les, 
in 
liil- 


diately  after  I  was  sentenced,  before  a  magistrate  of  Niagara 
and  made  oath  to  the  facts  ;  a  certificate  of  which  was  for- 
warded to  the  Lieutenant  Governor,  and  this  saved  my  life, 
as  my  father  was  afterwards  assured  by  the  Colonial  Secre- 
tary. Many,  very  many  kind  friends  in  my  native  state, 
were  not  unmindful  of  me  in  my  affliction ;  and  their  efforts 
to  save  me  entitle  them  to  my  lasting  gratitude.* 

On  the  22d  instant,  the  sherif  came  to  the  jail  and  read  as 
follows,  from  a  document  which  he  held  in  his  hand:  "  Linus 
Wilson  Miller,  his  excellency,  the  Lieutenant  Governor,  has 
been  graciously  pleased,  in  consideration  of  some  circum> 
stances  in  your  favor,  lo  commute  your  sentence  of  death  to 
transportation  for  life  to  her  Majesty's  penal  colony  of  Van 
Dieman's  Land."  The  same  mercy  —  if  it  may  be  so  called  — 
was,  on  the  same  occasion,  extended  to  twelve  others  of  my 
comrades,  leaving  Messrs.  Chandler,  Wait,  McLeod,  Warner, 
Brown,  and  Beeiaer  still  under  sentence  of  death.  The  two 
last  were  tried  some  days  subsequent  to  us. 

*  The  following  letter  was  written  by  WiULUM  H.  Seward,  since  Governor  of  the 
State  of  New  York  : 

Stockton,  Cliautauque  County,  N.  Y.  August  I5th,  1838: 
To  His  Excellency,  Sir  Gkorgk  Akthdu: 

Sir, — The  purpose  of  this  letter,  I  nm  sure,  will  be  my  apology  for  addressing  yoa. 

I  do  not  know  whether  it  has  been  the  good  fortune  of  my  friend,  Mr,  Francis 
Hall,  (of  the  New  York  Cornmerrial  Advertiser,)  to  obtain  the  honor  of  your  Excel- 
leiicj's  acr|U(iintance.  I  happetied  to  meet  him  at  the  Niagara  Falls  during  the  period 
of  the  trials  of  the  persons  implicated  in  the  aflnir  at  the  Short  HilU.  I  discovered 
then  that  he  had  become  much  interested  in  behalf  of  Linus  Wilson  Miller,  a  young 
man,  formerly  a  resident  of  this  county,  who  was  under  arrest  for  a  participation  in 
that  offence.  Since  that  time,  Mr.  Miller  has  been  convicted,  and  he  is  now  under 
sentence  of  death,  to  be  executed  on  tlie  S.nh  instant.  Mt.  Hall,  with  persevering 
benevolence,  addressed  a  letter  to  Col.  William  L.  Stone,  of  New  York,  a  mutual 
friend,  requesting  him  to  write  to  me,  and  solicit  my  interposition  in  an  effort  to  move 
your  E.xcellency's  clemency.  In  the  absence  of  Colonel  Stone,  his  a'ssoeiate,  Mr. 
Inman,  immediately  made  known  to  me  Mi.  Hall's  request.  To  comply  \«itb  it  was 
as  I  am  sure  your  Excellency  will  admit,  an  obvious  duty.  I  have  stated  thus  circtun- 
stantially  the  manner  of  nay  engagement,  in  justice  to  the  gentlemen  whoae  humacity 
has  induced  them  to  take  so  active  an  interest  in  the  fate  of  a  stranger. 

I  certainly  have  no  ground  to  suj  pose  that  your  Excellency  has  any  knowledge 
of  80  humble  an  individual  as  myself;  or  that  any  thing  that  1  could  offer  would  have 
any  influence  on  your  Excellency  s  course  in  this  unhappy  ni*tter.  All  that  has  seem> 
ed  to  me  within  my  power,  I  have  done.  I  have  come  to  the  home  of  the  aifficied 
parents  of  Mr,  Miller,  have  conversed  with  them,  and  have  embodied  in  a  petition 
the  feelings  ibey  have  expressd  to  me,  as  far  as  they  can  be  written. 

The  petition  accompanies  this  letter. 

7 


98 


N0T£8  OF  AN  EXILE,  ON  CANADA) 


II 


H  It  would  be  difficult  to  say  whether  I  rejoiced  or  mourned 
at  this  change  in  my  prospects.  Could  I  have  then  foreseen 
one-fourth  part  of  the  sufferings  which  that  commutation 
entailed  upon  me,  I  should  certainly  have  preferred  immediate 
death ;  but  the  veil  of  uncertainty  hid  things  from  my  view, 
and  so  long  as  I  could  hope  even  for  a  chance  of  escape  from 
my  enemies,  so  long  I  could  wish  to  live. 

On  the  23d  instant,  we  were  chained  and  hand-cuffed  in 
pairs,  and  removed  under  charge  of  the  sherif,  per  steam  boat 
**■  Traveler,",  to  Fort  Henry,  Kingston.  Our  parting  with 
our  more  unfortunate  companions  was  heart-rending  in  the 
extreme,  as  we  had  little  hopes  of  ever  seeing  them  again 
in  this  world ;  and,  with  the  exception  of  Beemer,  they  were 
all  much  esteemed.  The  estimable  wife  of  Mr.  Wait,  and 
daughter  of  Mr.  Chandler,  were  then  absent  on  a  mission  of 
mercy  to  Lord  Durham,  the  Governor  General,  and  the  result 
was  anticipated  with  feelings  of  the  most  intense  excitement. 

Commending  our  friends  to  the  gracious  protection  of  the 
great  Ruler  of  the  universe,  who  was  able  to  deliver  them 
out  of  the  mouth  of  the  lion,  we  bade  them  a  painful  adieu. 
A  guard  of  sixteen  men,  of  the  24th,  accompanied  us ;  sev- 
eral of  whom  were  desirous  of  deserting  to  the  American 
lines.  This  practice  prevailed  to  an  alarming  extent  to 
British  interests  during  the  whole  season  of  '38.     Scarcely  a 


!•   ' 


Mf 


I  have  also  read  the  petition,  subscribed  bj'  verj  many  hijrhly  respectebJe  citizens 
t>f  the  county,  who  have  been  personally  acquainted  v/ith  Mr.  Miller.    My  own  ac 
t\uaintance  with  him  is  very  slight;  but,  so  fur  as  my  knowledge  extends,  I  ccncur  iu 
the  facts  stated  in  the  document,  as  I  do  with  all  my  heart  in  the  prayer  with  which  it 
concludes. 

If  to  this  application  of  his  neighbors  and  friends,  and  to  the  supplication  of  hi» 
respectable  und  worthy  parents,  I  dare  take  the  liberty  to  add  one  word,  it  would  be 
to  say,  that,  as  a  citizen  of  this  country,  not  altogether  unacquainted  with  the  feelings 
of  my  countrymen,  and  cherishing  always  an  earnest  desire  for  peace  and  harmony 
between  the  respective  governments,  I  am  satisfied  that  the  exercise  of  executive 
clemency  by  an  unqualified  pardon  in  the  present  case,  if  consistent  with  your  Ex 
oellency's  duties  as  Chief  Magistrate,  would  be  productive  of  a  most  auspicious  in- 
Aaence  on  the  frontier,  and  elevate  your  Excellency  in  the  esteem  of  the  good  citizens 
of  this  Stat«.  I  write  under  the  paternal  roof  of  the  subject  of  my  solicitude,  and  in 
die  presence  of  his  parents;  and  I  am  sure  it  would  give  your  Excellency  the  most 
sincere  and  generous  happiness  to  send  into  the  bosom  of  this  afBicted  familj,  that 
Kiessage,  which,  in  tke  providence  of  Qtd,  can  come  from  none  else, 

I  kiT«  tbe  boBor  to  s\ibsctib«  myself,  your  Excellency's  very  obedient  servant, 

W.  H.  SBWARO. 


■fn 


ENGLAND  AMD  VAN  DIEMAn's  LAND. 


99 


of  hi* 

uld  be 

eeling> 

rmoriv 

culive 
ur  Ex 

us  in- 
sitizens 

and  in 
e  most 
Ij,  thot 

t, 
RO. 


night  passed,  under  cover  of  which  their  veterans  were  not 
able  to  make  a  pilgrimage  to  our  shores,  where  they  usually 
sold  their  kit  for  a  **  week's  spree,"  in  honor  «f  thoir  escape, 
«ind  then  commenced  work  like  real  Jonathans  with  a  vast 
increase  of  pay.  Whether,  however,  this  violation  of  their 
oaths,  was  as  justifiable,  as  it  was  expedient,  is  a  question 
which  their  own  consciences  best  can  decide.  Deliberate 
perjury  requires  a  very  strong  plea  of  justification.  Is  it 
honorable  to  encourage  desertion,  even  from  an  enemy '^ 
That  which  has  been  found  to  be  expedient,  and  practiced 
in  all  ages,  may  not,  after  all,  be  right. 

Arriving  at  Kingston,  we  wore  Janded  privately,  and 
marched  by  a  back  road  to  Fort  Henry,  which  is  by  far  thtt 
most  formidable  fortification  in  Upper  Canada.  After  being 
unshackled,  we  were  turned  into  a  room  formerly  occupied 
by  Messrs.  Parker,  Montgomery,  and  others,  and  from 
which  they  made  one  of  the  most  wonderful  escapes  from 
prison  on  record.  Watson  and  Parker  were  re-^captured,  but 
the  others,  fourteen  in  number,  succeeded  in  gaining  the 
American  side  of  the  line.  In  this  and  the  adjoining  room, 
were  the  Point-au-Pelee  prisoners  and  ten  persons  who 
were  taken  at  the  first  outbreak  on  Yonge  street.  The  for- 
mer had  not  been  tiied,  in  consequence  of  having  been  cap- 
tured previous  to  the  passing  of  the  provincial  act,  of  the 
12th  of  January,  '38,  providing  for  the  trial  and  punishment 
of  American  citizens  ;  it  being  erroneously  understood,  that 
they  could  not  be  tried,  as  subjects  for  the  time  being,  under 
the  old  law  for  treason.  The  latter  were  the  remnant  of  a 
large  number  of  prisoners,  who  had  petitioned  the  Lieuten- 
ant Governor  for  pardons,  under  an  order  of  counoH,  which 
authorized  that  functionary,  to  accept  petitions  of  the  politi- 
(itol  prisoners,  who  should  confess  their  guilt,  at  his  discre- 
tion ;  and  order  such  punishment  to  be  inflicted  upon  the 
offender,  death  excepted,  as  should  to  his  Excellency  seem 
>  fit.  This  order  was  passed  when  the  jails  of  the  province 
were  full,  and  it  was  found  impracticable  to  try  so  great  a 
number  in  the  usual  course  of  criminal  law.  It  wafi  not  only 
strictly  ex  post  facto^  but  the  governor  and  bis  council  pos- 


100 


NOTES  OP  AN  EXILE,  ON  CANADA, 


it 


i- 


sessed  no  authority  for  enacting  a  law  of  that  nature.  Not 
even  the  executive  of  Great  Britain  has  that  prerogative. 
Several  hundreds  of  British  subjects,  however,  were  admitted 
to  bail,  and  many  were  banished,  without  further  trial,  from 
the  province,  under  pain  of  death,  if  they  returned,  by  virtue 
of  this  act.  There  should  have  been  sufficient  talent  in  the 
province,  to  have  foreseen  the  consequences  which  after- 
wards resulted  from  the  attempt  to  transport  Messrs.  Parker, 
Wixon,  and  others,  to  Van  Dieraan's  Land,  instead  of  admit- 
ting them  to  bail. 

The  room  which  we  occupied  was  about  twenty-four  by 
forty  feet,  and  was  warmed  in  cold  weather  by  a  large  stove. 
Bedding  and  rations  were  furnished  us.  The  former  was  as 
good  as  could  be  expected;  but  the  latter  was  not  only  defi- 
cient in  quality,  but  quantity,  and  was  cooked  by  a  soldier  of 
the  garrison,  whose  habits  of  cleanliness  might  have  been 
greatly  improved.  We  were,  however,  allowed  to  purchase 
bread,  and  other  provisions,  from  the  canteen,  by  paying  en 
exorbitant  price.  Knives  and  forks  being  prohibited,  fingers 
and  teeth  were  very  useful,  but  a  hungry  man  soon  learns  to 
despise  superfluities.  We  were  mustered  several  times  each 
day,  by  the  sherif  or  his  deputy,  in  order  to  prevent  the  possi- 
bility of  another  escape ;  at  which  time  every  article  of  dress, 
&c.,  hanging  against  the  wall,  was  removed,  to  satisfy  our 
keepers  that  there  were  no  excavations. 

The  best  privilege  we  enjoyed  was  that  of  walking  in  the 
yard  an  hour  each  day.  He  who  has  never  been  a  captive 
can  not  prize,  as  we  did,  the  fresh,  free  air,  or  the  value  of 
an  hour's  exercise.  The  physical  as  well  as  mental  powers, 
suffer  alike  from  inaction,  occasioning  a  morbid  sensation, 
exceedingly  detrimental  to  enjoyment  of  any  kind.  This 
hour  was  the  only  opportunity  we  enjoyed  of  cultivating  an 
acquaintance  with  our  captive  friends  in  the  adjoining  room. 
Among  them  was  Mr.  Wixon,  a  Baptist  clergyman  and  a 
very  estimable  man.  He  had  lost  a  leg  in  his  younger  days, 
but  some  indiscretion  in  the  use  of  his  pen  and  tongue,  upon 
the  subject  of  the  rebellion,  had  thrown  him  into  the  hands 


'4f^ 


{   I ,' 


EMOLAITD  AND  VAN  DIEMAN*8  LAND. 


101 


of  the  Philistines,  who  did  not  favor  him  in  the  least  on 
account  of  his  absent  limb. 

A  sentry  was  constantly  parading  before  our  windows,  and 
it  formed  no  small  part  of  his  duty  to  look  in  at  his  charge 
every  five  minutes.  But  our  enemies  were  the  losers  by  this 
arrangement,  for  many  a  sworn  servant  of  her  gracious 
Majesty  here  received  information  with  reference  to  desertion, 
which  was  generally  improved  to  the  best  advantage.  We 
were  allowed  to  write  to,  and  receive  letters  from  our  friends, 
once  in  two  weeks,  but  all  communications  were  inspected  by 
the  sherif.  One  or  two  letters  were  returned  to  me,  which  I 
had  written  to  my  brother,  on  account  of  their  cojitaining 
some  offensive  expressions  with  reference  to  our  treatment 
and  the  government,  and  thus  were  we  soon  taught  to  praise 
our  enemies,  if  we  wished  our  friends  to  know  that  we  were 
well ;  and,  indeed ,  I  have  even  found  a  little  fulsome  flattery 
indispensable  in  this  matter.  Only  say  "Mr.  So  and  So^  who 
has  us  in  charge,  treats  us  with  the  greatest  kindness  and  affa- 
bility, grants  us  every  indulgence  consistent  with  the  faithful 
discharge  of  his  official  duties  and  is  a  gentleman  of  the  first 
respectability,"  and  should  you  have  no  money  to  pay  the 
jx)stage  on  your  letter,  Mr.  So  and  So  will  pay  it  himself,  rath- 
er than  allow  so  elegant  an  epistle  to  pass  unseen  into  obliv- 
ion. We  received  frequent  visits  from  gentlemen  belonging 
to  the  British  provinces,  and  occasionally  to  the  States. — - 
They  always  accompanied  sherif  MacDonald,  who  appeared 
to  feel  quite  proud  of  the  state  prisoners,  as  we  were  called, 
and  would  generally  say  something  in  our  praise ;  but  when 
alone  he  sometimes  gave  us  a  terrible  tongue-thrashing,  for 
some  trifling  indiscretion.  He  was  bitter,  cutting,  and  sarcas- 
tic, when  he  chose  to  be  so,  and  I  am  sorry  to  say  it,  would 
swear  most  vehemently  when  in  a  rage.  I  have  ever  thought 
tliat  interest  alone  made  him  a  supporter  of  the  Government, 
and  that  in  principle  he  was  with  us.  Some  Tories,  who 
gained  admittance  under  his  wing,  attempted  to  abuse  and 
insult  our  naisfortunes  ;  but  he  told  them  plainly,  in  our  pres* 
ence,  that  while  he  had  charge  of  us,  the  Governor  himself 
should  not  take  that  liberty.    **  Place  them  on  an  equal  foot« 


102 


MOTES  OF  AN  EXILE,  ON  CANADA, 


ing  trhh  yourself,"  said  he  to  an  old  Tory,  one  day,  "and 
you  will  have  no  disposition  to  impose  upon  them  the  second 
time.  They  are  all  brave  men,  and  know  how  to  behave 
themselves,  and  no  man  shall  take  advantage  of  their  defense- 
lossness  to  insult  their  feelings." 

Soon  after  our  arrival  at  the  Fort  we  had  the  misfortune  to 
lose  one   of  our  numlier  by  death.     David  Taylor,  a  young 
Canadian  of  mild  and  gentk3   demeanor,  steady  conduct,  and 
good  principles,  had  taken  a  severe  cold  at  Niagara,  where, 
although   removed  to  the  hospital  for  a  day  or  two,   he  was 
much  neglected  by  the  doctor,  a  man  who  seemed  to  esteem 
the   life  of  a  rebel  captive  as  of  little  or  no  consequence. — 
When  we  were  removed  he   was  quite  ill,  notwithstanding 
which,   this  man  ordered  him  to  be  shackled,  the  same  as  il" 
quite  well,  and  was  shamefully  harsh  and  brutal  when  poor 
Taylor  complained  ;  and  I  believe  that  this,  together  with  an 
.•Umost  broken  heart,   brought  on   a  speedy  termination  to  his 
earthly  sufferings.     He  never  left  his  bed  for  an  hour  after 
our  arrival,  but  lay  in  the  same  room  with  us,  silent,  uncom- 
plaining, and  fast   sinking  into  the  arms  of  death.     Crushed 
in  spirit,  his  soul  seemed  to  loathe  a  prison  life  and  hasted  to 
be  free.     The   surgeon  of  the  Fort   visited   him  daily,   but 
refused  to   remove  him  to  the  hospital,  where   proper  care 
might  be   taken  of  him,  and  indeed,  gave  him  little  medicine. 
He  too,  seemed  to  care  nothing  for  the  life  of  a  prisoner. — 
The  sick  man,  however,   wished  to  remain  -^ith  us,  and  wo 
tried   hard  to  supply,  as  far  as  possible,  the  tender  care  of  a 
mother  and   sister^  whose  names  were  ever  and  anon  on  his 
lips,  both  in  his  waking  and  sleeping   hours.     "  Sister,"   he 
would  say  in  his  dreams,  **  dear  sister,  why,  oh !  why  are  you 
absent  from  your  dying  brother  ]    Come,   oh !  come,  and  give 
me,  but  one  kiss   before  I  die !  come  and  whisper  in  my  ear 
that  you  love  me  ;  and  mother,  too,  where,  oh !  where  is  she  1 
Mother,  dear  mother^  will  you  not  bless  your  poor  dying  son  I 
Will  you  not  say,  you  forgive  him  all  the  trouble  and  grief  he 
has  ever  caused  you?    Come,  mother,  and  smooth  my  dyings 
pillow;  how  hard  it  is!  but  it  will  soon  beWer,  for  my  heart 
is,  dear  mother,  my  heart  is  broken,  and  I  shall  soon  die.    Do,. 


BNOLAND  AND  VAN  DIEMAN's  LAND. 


103 


mother,  do,  dear  sister,  make  my  pillow  softer  ;  do  come  and 
toll  me  you  love  me  :  oh !  let  me  hear  those  words  once  more ! 
Oh !  the  p;loomy  prison  walls — the  cells — the  chains — how  cold 
and  heavy  they  are  on  my  aching  limbs!  Will  they  not  take 
them  off  even  when  I'm  dying  ?  Must  I  die  in  chains  1  Will 
they  lay  my  poor  body  here  in  this  dreadful  place,  far,  far 
from  homo  and  friends?  not  even  a  mother,  or  a  sister,  to 
weep  when  I'm  gone  !  Off,  off  with  the  chains !  Take  me 
out  in  the  free,  fresh  air!  let  me  breathe  it  again,  let  me  look 
once  more  ui)on  the  sun,  ;ind  then  kill  me,  for  I  can't  live  in 
f»rison.  There  are  no  chains  in  heaven  !  oh  no,  then  I  shall 
be  free." 

On  the  27th  instant  he  appeared  to  be  very  low,  and  it  was 
nvidont  that  his  end  was  near.  Having  watched,  with  James* 
Waggoner,  by  his  couch  all  night,  I  sought  repose  upon  my 
-own  bed,  and  was  awakened  about  eleven  o'clock,  A.  M.,  and 
informed  that  poor  Taylor  was  dying.  Hastening  to  his  bed- 
side, I  was  just  in  lime  to  see  him  close  his  eyes,  as  we 
all  supposed,  forever.  He  lay  about  fifteen  minutes,  ap- 
f)arently  quite  dead,  when,  to  our  great  surprise  he  suddenly 
revived,  and  a  scene  ensued  which  I  can  never  forgot.  With- 
in thirty  seconds  after  ho  was  observed  to  breathe  again,  his 
oyos  opened  and  his  lips  began  to  move,  and  "Glory — glory 
— glory !  hallelujah  !  blessed  Savior,  blessed  Jesus  !  praise 
Him !  O  praise  the  Lord  !  let  the  whole  earth  praise  and  bless 
Him  !"  burst  forth,  as  it  were,  spontaneously  from  his  tongue. 
For  several  minutes,  similar  exclamations  filled  the  dying 
man's  mouth,  his  countenance  beaming  with  inexpressible  joy, 
his  eyes  and  hands  raised  to  heaven,  in  the  attitude  of  devo- 
tion. Around  his  bed  were  the  careless  sinner,  the  professed 
infidel,  and  scoffer  at  religion,  none  of  whom  could  refrain 
from  tears.  Diiring  his  whole  illness  he  had  never  spoken 
upon  the  subject  of  religion  except  in  brief  answers  to  ques- 
tions put  to  him  by  some  of  his  companions.  He  now  ad- 
dressed us  in  the  following  words :  "  You  all  thought  I  was 
dead,  and  I  thought  so,  too ;  for  my  spirit  was  free,  and  I  was 
free,  and  I  was  with  angels,  and  with  Jesus.  Oh,  it  was 
a  glorious  sight,  and  I  would  not  live  upon  earth,  if  that  wa& 


104 


NOTHS  OP  AN  EXILE,  ON  CANADA, 


!l 


i-  ■< 

\   .1 


heaven.  The  angels  told  me  I  was  too  willing  to  die  with- 
out praising  the  name  of  my  blessed  Savior ;  that  I  never  had 
praised  Him  as  I  ought,  and  must  come  back  and  do  so  befora 
leaving  you  forever  :  that  I  must  bo  raised  to  show  the  power 
of  God,  and  be  a  witness  to  you,  my  dear  friends,  of  his  infinite 
goodness  and  mercy  in  pardoning  my  sins,  and  in  taking  me 
from  this  place  of  sorrow  and  suftering  to  heaven." 

Observing  one  who  had  nursed  him  with  much  care  standing 

aside,  deeply  affected,  he  said,  *'W ,  come  and  shake  iiunds 

with  me :  do  not  weep  on  my  account,  bul  witness  the  power 
and  goodness  of  God,  who  would  not  allow  mc  to  leave  you 
without  praising  His  name,  and  telling  you  all  what  He  has 
done  for  my  soul.  Look  upon  mo,  friends,  and  sec  what 
a  reality,  what  a  blessed  reality  there  is  in  religion.  It  fills 
my  soul  with  bliss  and  inexpressible  joy  in  this  trying  hour. 
Oh!  ^ill  you  not  love  and  serve  Him,  who  has  done  so  much 
for  me?  Won't  you  believe  in  Him]  But  I  have  never 
praised  Him  before  as  I  ought ;  nor  did  I  ever  know  how 
very  precious  He  is  till  now.  I  have  been  a  great  sinner, 
but  He  has  forgiven  me,  and  is  now  about  to  take  me  home 
to  Himself;  and  I  shall  soon  be  free  from  bonds  and  imprison- 
ment. Tell,  oh,  tell  my  friends  that  I  die  happy,  that  I  love 
them ;  that  1  love  the  cause  of  liberty  ;  that  I  love  the  Sa- 
vior. But  my  time  is  expired,  and  I  am  going ! — they  come 
— they  come — the  angels — blessed  Jesus — glory — g-1-o-r-y — 
J-e-s-u-s " — died  on  his  lips,  and  his  happy  soul  winged  its 
flight,  accompanied,  doubtless,  by  angels,  to  the  bosom  of  its 
Creator.  Thus  died  David  Taylor,  aged  2G  years.  May 
his  political  enemies,  who  condemn  the  part  he  acted  in  the 
Canadian  rebellion  as  wicked,  be  equally  happy  in  the  hour  of 
death.  As  I  stood  by,  and  closed  his  eyes,  when  the  last 
struggle  was  over,  I  said  in  my  heart,  '*  Let  me  die  the  death 
of  the  righteous,  and  let  my  last  end  be  like  his."  His  remains 
were  buried  without  ceremony,  in  the  yard,  at  Kingston,  set 
aside  as  the  resting  place  of  the  prisoner ;  and  many  a  mar- 
tyr to  the  cause  of  liberty  has,  since  then,  found  a  bed  by  his 
side,  unwept,  unhonored — but  blest ! 

On  the  ^9th,  we  were  agreeably  surprised  at  seeing  our 


Hi 


BNOLAVD  AND  VAN  DIEMAM's  LAND. 


106 


his 


oompaDions,  from  whom  wc  had  parted  under  painful  cir- 
(Tumstanccs  at  Niagara,  march  into  tho  Fort ;  chained,  of 
<'«)ur8e — but  this  was  hotter  than  tiie  guilows,  which  wo  feared 
had  faJIen  to  their  lot.  They  were  Hparcd,  through  the  pcr- 
ticvering  eilorts  niid  intercession  of  tiie  tw<i  excellent  ladies 
l)cfore  mentiomnl,  an  interesting  account  of  which  may  bo 
found  in  Wait's  nanative  or  i  iters  from  Van  Dienmn's  Land, 
— a  book  woi  ?lu'  tho  aff'  ntionof  tlie  reader. 

His  Excolloncy,  Sir  Goorgo  Arthur,  visited  Fort  Henry 
twice  while  wo  were  there  ;  and  I  consider  it  only  an  act  of 
justice,  to  state  his  conduct  with  reference  to  myself.  The 
first  time  he  came,  after  examining  the  Fort  and  reviewing 
tlie  troops,  he  took  possession  of  one  of  the  otiicer's  rooms  and 
sent  for  all  of  the  prisoners,  who  were  in  turn  ushered  into  his 
presence,  by  his  orderly,  the  door  being  guarded  by  soldiers. 
When  I  was  admitted,  his  Excx3llency  said : 

"  I  have  sent  for  you,  to  learn  whether  you  are  sensible  of 
your  error  with  regard  to  the  crime  of  which  you  have  been 
(tonvicted.  I  wish  you  to  understand  me.  I  have  become  inter- 
fjsted  in  your  case,  chiefly  because  I  believe  you  to  have  been 
sincere  in  your  conduct ;  and  the  lancers,  whose  lives  you 
saved,  have  been  interceding  with  me,  in  your  behalf.  Take 
time  to  consider,  before  you  answer  my  question.  Can  you 
say  that  you  arc  sorry  for  what  you  have  done,  and  promise, 
if  I  should  grant  you  a  free  pardon,  logo  home  to  Chautauque, 
and  follow  your  profession,  without  taking  any  further  part  in 
tJie  rebellion  ?    Unless  you  will  do  this  I  can  not  befriend  you." 

I  confess — I  folt  grateful  to  his  Excellency,  for  his  kind  in- 
tentions; but,  as  I  could  not  say  I  was  sorry  for  what  I  had 
done,  or  promise  to  do  better  in  future,  being  bound  by  a  sol- 
emn oath  to  persevere  in  the  cause  until  it  was  abandoned,  I 
told  him  I  trusted  he  would  not  deem  me  ungrateful ;  but  I 
could  not  consistently  comply  with  his  conditions.  He  ex- 
pressed sorrow  at  my  resolution,  and  said  he  had  no  other 
^alternative  but  to  order  the  sentence  of  transportation  to  be 
carried  into  effect.  The  second  interview  resulted  like  the 
first,  and  his  Excellency  manifested  such  friendly  feelings,  on 
'both  occasions  that  I  could  not  but  regard  him  in  a  more  favor- 


106 


NOTES  OP  AN  EXILE,  ON  CANADA, 


able  light  than  others  have  done.  Some  of  my  fellow  cap- 
tives, however,  complained  that  he  abused  them  without  mercy. 
On  the  9th  of  November,  we  were  much  surprised  at  re- 
ceiving an  order  to  be  in  readiness,  in  an  hour's  time,  for  remo- 
val to  Quebec.  We  had  all  hoped,  that  after  a  few  month's 
imprisonment  where  we  were,  the  government  would  be 
satisfied  to  let  us  out  on  bail ;  and  indeed,  we  had  received 
many  assurances  from  friends  that  such  was  the  intention  of 
our  enemies.  We  all  felt,  that  the  hasty  measures  adopted 
were  cruel  in  the  extreme:  not  one  had  made  any  preparation 
for  so  long  a  journey  ;  and  but  one  or  two  had  half  cloth- 
ing enough  to  guard  against  the  cold  weather,  or  money  to 
purchase  such  necessaries  as  the  nature  of  the  case  demand- 
ed ;  besides,  we  were  not  even  allowed  to  write  to  our 
friends,  chains  and  hand-cufis  being  put  on  our  limbs  within 
a  few  minutes  after  we  received  the  notice.  Reynolds  and 
myself  were,  as  usual,  united.  Mrs.  Wait  was  present,  en- 
couraging her  husband,  and  indeed  all  of  us,  to  bear  this 
adversity  with  becoming  fortitude.  Woman  has  been  called 
the  weaker  sex,  from  time  immemorial;  but  certain  lam, 
her  conduct  often  proves  the  saying  false.  In  seasons  of 
distress,  when  weakness  of  mind  become  manifest,  then  it  is 
that  her  strength,  her  fortitude,  and  enduring  constancy, 
outshine  the  most  dazzling  qualities  of  man.  Those  who 
have  experienced  or  witnessed  her  ministrations  under  such 
ciTcumstances,  can  best  appreciate  her  inestimable  worth; 
and  on  the  other  hand,  as  the  sex  sometimes  prove  fickle  and 
false,  none  can  feel  so  bitterly  the  folly  of  trusting  to  wo- 
man, as  the  lone  captive  who  finds  that  the  last  and  only 
hope  of  which  bonds  and  imprisonment  could  not  deprive 
him,  was  only  a  breath  of  wind,  to  be  blown  where  it  listed. 


U 


BIfOLAND  AND  TAN  DIEMAK  8  LAND. 


107 


oi 


•'¥^,A 


'Hi 


ff 


CHAPTER  XII. 


Removal  of  twenty-three  Prisoners. — Tlie  steamer  Cobourg.— The  Thousand  Islaiuls. 
— Dreadful  Suffeiiiicx. —  Prescott. — Amusing  Incident. — Tli«  Rapids. — Cornwall.— 
A  Tyrant.— CrossiiijT  of  the  Patriots  at  Prescott — Alarm  of  iho  Enemy.— Cotemu  di/ 
Lac. — Inciltuts. — Cascades. — The  Ravages  of  War.— Beauharnois  in  Kuius. — Deso- 
lation of  the    Countryi   Plunder,    &c.,   by  tlie   Briti.sh    Army. — Mansion  House  of 

Mr.  Ellis The  Soldier's  Accountof  the  Burning  of  .S^  Dennis  and  St.  Eualache— Sir 

John  Colborne. — Montreal. — The  Guard  House.— Brutal  Trea<meiit.— Col.  Town- 
tiend. — The  Mnb  — Tlie  Loyal  Irishman  and  Negro. — Anecf'.otes  of  the  Negro  on 
sentry— and  Drill  Sergeant.— Arrival  at  Quebec. — The  Jailer. — Notice  of  remoralto 
England. — P/mbarkation.  >< 

At  12  o'clock,  we  bade  adieu  to  Fort  Henry,  leavinp^ 
many  of  our  companions  behind,  among  whom  was  Mr. 
John  W.  Brown,  whose  sentence  was  changed  from  transpor- 
tation to  confinement  in  the  penitentiary  for  a  term  of  years; 
as  was  that  also  of  Erastus  Warner,  who  received  a  severe 
wound  in  the  skirmish  at  the  Short  Hills.  Both  were,  how- 
ever, admitted  to  bail  in  about  one  year  afterwards. 

The  names  of  my  comrades  were  John  G.  Parker,  Randall 
Wixon,  Finlay  Malcolm,  Paul  Bedford,  Robert  Walker, 
William  Alves,  Ira  Anderson,  James  Brown,  Leonard  Wat- 
son, Benjamin  Wait,  Samuel  Chandler,  James  Gemmell, 
Alexander  McLeod,  John  James  McNulty,  James  Waggon- 
er, John  Vernon,  William  Reynolds,  Norman  Mallory, 
George  Cooley,  Garret  Van  Camp,  John  Grant,  and  Jacob 
Beemer.  The  first  nine  were  ordered  for  transportation 
without  a  trial,  under  th€  act  referred  to  in  the  previous 
chapter.  The  remainder  were  all  taken  and  tried  at  Niaga- 
ra, with  myself.  We  were  marched  to  the  wharf  in  our 
chains,  a  distance  of  nearly  half  a  mile,  and  placed  among 
the  horses  belonging  to  a  troop  of  cavarly,  on  the  middle  deck 
of  the  steamer  "Cobourg,' 'where  we  had  but  just  room  enough 


108 


NOTES  OF  AN  EXILE,  ON  CANADA, 


to  stand  upright.  The  93cl  Regiment  were  on  board,  bound 
for  the  Lower  Province,  where  they  were  much  needed,  at 
that  time,  to  quell  a  second  outbreak.  No  time  was  lost  in 
getting  under  way,  and  as  we  glided  swiftly  down  the  St. 
Lawrence,  although  sensible  that  every  moment  was  increas- 
ing the  distance  between  rae  and  home,  and  friends,  yet  I  saw 
nothing,  and  felt  nothing,  but  the  irons,  and  cold,  piercing 
winds,  and  I  wished  for  nothing  so  much  as  death.  Never 
had  I  felt  cold  so  intensely  before.  Long  confinement  in  our 
warm  room  at  the  Fort,  and  thin  c!-  fhing,  probably  caused 
me  to  suffer,  in  this  respect,  more  than  I  should  otherwise 
iiave  done.  But  for  a  blanket  and  pea-jacket,  served  out  to 
€ach  man,  I  verily  believe  I  should  have  frozen  to  death. 

In  the  evening  we  passed  the  *'  Thousand  Islands,"  and 
my  poor  friend  Reynolds,  observed  to  me — "  Many  are  the 
happy  hours  I  have  spent  here  under  Old  Bill:  would  to 
heaven  he  was  here  now  to  serve  the  *  Cobourg'  as  we  did 
the  Sir  Robert  Peel."  But  the  hero  of  the  Isles  was  not 
there,  and  we  glided  past  them,  feeling  in  our  hearts  that 
beyond  there  was  no  hope  of  relief  from  our  friends.  Dur- 
ing the  night,  some  of  our  number  lay  down,  in  a  pile, 
among  the  horses,  which,  with  the  hand-cuffs,  chains,  and 
manure,  formed  a  very  interesting  group.  It  was  a  night  of 
•dreadful  misery  to  all  of  us.  We  arrived  at  Prescott  early 
next  morning  ;  and  while  1  turned  my  eyes  towards  Ogdens- 
burg,  I  felt  that  I  loved  my  country.  It  was  hard  to  be  so 
near  friends,  and  a  land  of  liberty,  and  feel  the  galling 
chains  which  we  wore.  We  were  here  shifted  to  the  steamer 
^*  Dolphin,''  with  the  same  accommodations  as  before.  On 
our  way  down  the  river  we  saw  numerous  companies  of  mi- 
litia, and  volunteers,  drilling ;  who,  at  the  sight  of  the  red 
•coats,  would  generally  cheer  for  the  Queen  most  lustily. 

This  seemed  to  annoy  our  poor  fellows  much,  and  we  all 
felt  indignant  at  hearing  such  sounds  from  men  in  fighting 
€ot  whom  we  had  lost  our  all,  and  were  then  suffering  pains 
worse  than  death  itself;  although  the  poltroons  were  doubt- 
less ignorant  of  oar  being  on  board.  At  length,  J.  J.  McNul- 
ty^  an  odd  fellour  of  Irish  desent,  could  bear  it  no  longer,  and 


BNOLAND  AND  VAN  DIBMAN'S  LAND. 


109 


jumping  upon  some  boxes,  he  held  up  his  manacled  hand^ 
and  with  the  other  waved  his  hat  in  the  air,  in  answer  to  their 
cheers,  and  shouted  loud  enough  to  be  heard  a  mile  :  "Hurra 

for  McKenzie!  hurra!  hurra!  hurra  for  liberty  I — you  d 

fools!"  This  seemed  to  check  their  loyalty,  and  puzzled 
them  not  a  little,  coming,  as  it  did,  from  a  steamboat  show- 
ing the  "  Union  Jack,''^  and  covered  with  red  coats;  while  it 
excited  a  hearty  laugh  among  ourselves,  in  which  the  sol- 
diers and  officers  joined.  But  they  afterwards  threatened  to 
fire  upon  us,  if  it  were  repeated ;  the  captain  expressing  his 
fears  that  they  might  think  his  boat  belonged  to  the  rebel 
party,  and  attack  her;  but  one  of  our  number  told  him  the 
militia  would  sooner  fight  for  than  against  the  rebels. 

We  ran  the  rapids  of  the  mighty  river,  commonly  called 
the  "  Long-  Sault,^^  in  the  steamer;  a  somewhat  dangerous 
experiment,  Dlirham  boats  being  commonly  used  for  that 
purpose.  But  one  steamboat  had  ever  ventured  to  do  so 
before;  this  was,  however,  an  emergency  which  seldom  oc- 
curs; the  "  Dolphin,"  being  required  below,  as  well  as  her 
cargo  of  soldiers,  the  rebels  having  burned  the  boats  used  for 
transporting  troops.  There  are  two  channels,  one  American, 
the  other  British,  and,  as  we  took  the  former,  I  had  the  plea- 
sure of  being  transported  through  the  territory  of  my  own 
country,  in  chains,  for  a  political  offense.  We  ran  a  dis- 
tance of  nine  milts  in  less  than  fifteen  minutes.  The  British 
channel  is  generally  run  in  eleven  minutes  by  the  Durham 
boats. 

We  arrived  at  Cornwall,  a  small  village  containing  a  court- 
house, jail,  churches  &c.,  at  2  o'clock,  P.  M.  Alter  some 
delay,  it  was  determined  that  we  should  remain  for  the 
present,  while  the  boat  proceeded  with  the  soldiers,  who  were 
then  in  great  demand  below,  and  it  was  considered  unsafe  for 
us  to  go  further,  for  fear  of  a  rescue  by  the  rebels  of  the 
Lower  Province.  We  were  accordingly  marched  to  jail, 
through  mud  more  than  a  foot  in  depth  most  of  the  way. 
Here  we  had  a  partial  respite  from  our  sufferings,  which  had 
become  dreadful.  This  was  the  first  time  that  I  ever  felt 
thankful  fro  the  privilege  of  going  to  jail.    The  jailer,  an 


110 


NOTES  OF  AN  EXILE,  ON  CANADA, 


honest-hearted  Dutchman,  did  every  thing  in  his  power  to 
make  us  comfortable,  but  a  wretch  whom  they  called  Colonel 
Turner,  and  who  commanded  the  soldies  at  Cornwall,  mani- 
fested the  most  inhuman  barbarity  in  his  dealings  with  the 

d rebels,  as  he  termed  us.     Although  our  wrists  were 

horribly  swollen  by  the  hand-cuffs,  and  we  were  as  safe  as 
the  thick  walls  of  a  jail  and  a  strong  guard  of  his  own  men 
could  make  us,  yet  he  forbade  the  deputy  sherif  to  take 
them  ofli";  and  when  the  physician  told  him  it  must  be  done  to 
save  our  wrists,  he  yielded  a  reluctant  consent  to  have  them 
transferred  to  our  well  hands.  He  threatened,  at  the  same 
time,  to  put  more  irons  on,  and  to  shoot  the  whole  party. 
No  savage  could  delight  more  in  torture,  or  excel  him  in 
ferocity. 

On  the  evening  of  the  12th,  our  keepers  and  the  inhabi- 
tants of  Cornwall  were  greatly  alarmed  by  the  crossing  of 
the  Patriots  at  Prescott.  The  bells  of  the  churches  were 
rang  with  violence,  for  an  hour,  to  arouse  the  citizen  sol- 
diers; and  there  was  a  general  cry  of,  "to  arms!  to  arms!" 
Colonel  Turner  and  his  bravos  were  frightened  half  to  death. 
Arms  were  hastily  put  into  the  hands  of  the  peasantry,  who 
would,  in  all  probability,  have  fought  against  the  govern- 
ment, if  the  Patriots  had  shown  themselves  in  force.  We 
were  kept  in  continual  agitation  and  suspense,  from  the  ex- 
aggerated reports  which  the  terrified  jailer  communicated  to 
us,  and  were  ordered  to  hold  ourselves  in  readiness  for  re- 
moval at  a  moment's  warning,  as  they  appr<4iended  a  rescue. 
Heartily  did  we  pray  th-at  they  might  not  be  disappointed. 
On  the  13th,  we  were  placed  onboard  the  steamer  "Nep- 
tune," and  at  7  P.  M.,  arrived  at  Co4eau  du  lac^  where  we 
had  a  famous  ride,  in  drays,  a  distance  of  four  miles,  to  the 
Fort  so  called,  although  it  deserves  not  the  name.  It  took 
us  two  hours  to  accomplish  this  distance.  We  remained 
here  two  days  and  three  nights,  under  the  Glengarry's,  a  re- 
giment of  Scottish  militia,  who  were  rebels  in  heart  to  a  man. 
We  were  confined  in  a  little  stye,  which  would  have  accom- 
modated half  as  many  pigs  very  decently. ^  On  the  16th,  our 
(keepers  pressed  several  carts  and  drays,  and  we  proceeded 


fi! 


ENGLAND  AND  VAN  DIEM  AN  8  LAND. 


Ill 


P» 


by  land.  The  ruads  were  almost  impassable,  and  it  either 
rained  or  snowed  the  entire  day,  wetting  us  to  the  skin  in 
less  than  hour  after  we  started.  We  met  two  regiments  o( 
regulars,  on  their  way  to  Prescott,  to  crush  our  friends  at  the 
Windmill.  When  within  four  miles  of  the  Cascades,  we  met 
a  regiment  of  militia,  bound  for  the  Upper  Province,  the  offi- 
cers of  which  ordered  us  to  get  out  and  walk,  as  they  requir- 
ed the  drays  to  transport  their  lazy  soldiers ;  but  our  guard 
had  spirit  enough  to  resist  them,  and  after  a  long  altercation, 
and  tongue  waVy  for  which  they  appeared  to  be  well  qualified, 
we  were  allowed  to  proceed.  On  arriving  at  the  Cascades, 
I  was  scarcely  able  to  stand.  Food  was  scarce  here,  our 
keepers  having  to  ransack  the  town  twice  over  before  they 
succeeded  in  finding  enough  to  keep  themselves  and  us  from 
starvation.  The  soldiers  had,  literally,  eaten  the  poor  hahi- 
tans  out  of  house  and  home  ;  and  as  these  poor  people  were 
looked  upon  and  treated  as  rebels,  they  had  no  redress. — 
They  were  of  French  extraction,  and  generally  suffered 
much  from  persecution  from  the  few  English  resident  among 
them.  The  next  day  we  were  accommodated  with  the 
ladies'  cabin  in  the  steamer  "  Dragon,"  and  as  we  proceed- 
ed down  the  river,  we  witnessed  the  ravages  of  civil  war 
wherever  we  turned  our  eyes.  The  ruins  of  villages  were 
still  smoking ;  farm-houses,  and  pleasant  villas,  were  reduc- 
ed to  ashes,  and  the  poor  women  and  children,  wandering 
through  the  fields  and  forests,  houseless  and  friendless, 
without  food  or  clothing,  or  covering  of  any  kind,  to  screen 
ihem  from  the  piercing  cold.  Their  lamentations  were 
^enough  to  move  the  hearts  of  savages  to  pity;  yet,  British 
Tyrants  could  glory  in  the  heartless  destruction  and  misery 
which  they  had  so  wantonly  inflicted  upon  those  they  knew 
t»  be  innocent  of  the  rebellion.  Thousands  of  dwelling- 
houses  were  burned  by  order  ot  Sir  John  Colborne  ;  and  what 
became  of  the  ruined  and  suffering  families,  of  old  men, 
women,  and  children.  Heaven  only  knows.  Many  must  hav« 
perished  in  the  snow.  The  steam  boat  stopped  a  short  time 
at  Beauharnois,  a  few  days  previous  a  flourishing  village,  but 
then  a  pile  of  ruins ;  the  sanguinary  Colborne  having  ordered 


112 


NOTES  OF  AN  EXILE,  ON  CANADA^ 


t 


the  houses  of  the  reformers  to  be  burned,  and  their  planta- 
tions laid  waste,  without  discrimination  or  mercy,  through- 
out all  the  disaffected  districts.     I  went  upon  deck  and  look- 
ed upon  the  desolating  scene.    As  far  as  the  eye  could  reach, 
the  valley  of  the  St.  Lawrence,  which  is  perhaps  scarcely 
excelled  by  any  in  the  world,  in  the  same  latitude,  in  rich- 
ness, fruitfulness,  and  beautiful  scenery,  exhibited  the  foul 
work  of  the  destroyer.     Smoking  ruins,  blasted   prospects, 
blighted  hopes,  piercing   cold,  starvation,  persecution,  de- 
spair, and  death,  were  all  that  remained  to  tens  of  thousands 
who  had  dared,  or  whose  fathers,  husbands,  sons,  or  brothers, 
had  dared  to  raise  either  arm  or  voice,  against   the  wanton 
usurpation  of  their  rights.    The  village  before  me  was  utterly 
desolate,  the  inhabitants  having  fled  to  the  hills  and  forests 
to  save   their  lives  and  escape  the  wanton  fury  of  the  sol- 
diery, whom  I  saw  prowling  about  in  search  of  plunder;  a 
practice   said   to   have  been  encouraged   by   their   officers. 
Every  paltry  soldier,  more  particularly  the  militia  and  volun- 
teer of  the  Upper  Province,  was  heavily  laden  with  spoils. 
Order  and  discipline  there  were  none ;  but  horses,  donkeys, 
and   indeed    every   thing  which   could  carry    a  load,   were 
pressed  into  the  plundering  service  of  these  valiant  scoun- 
drels.    The  beautiful  mansion  of  Mr.  Ellis,  a  member  of 
the  provincial  legislature,  which  stood  near  the  wharf,  was 
spared  from  the  flames,  for  the  purpose  of  being  converted 
into  military  barracks.     A  choice  library  of  several  thousand 
volumes,  and  the  most  superb  furniture,  were  thrown  into 
the  muddy  streets.     One  of  our  keepers,  a  Mr.  Morris,  step- 
ped on  shore  and  selected  a  quantity  of  the  books  from  the 
mess,  for  his  own   use,  excusing  himself  by  saying,  "  They 
will  soon  be  spoiled  in  the  wet  and  mud  ;  I  may  as  well  have 
them." — He  observed  to  me  that  the  property  destroyed  in 
that  single  house,  would,  in  ordinary  times,  have  sold   for 
twenty-five  thousand  dollars. 

I  overheard  a  soldier  describing  to  a  companion,  some  of 
the  scenes  of  the  first  outbreak.  Several  hundred  old  iiier, 
women,  and  children,  relatives  of  the  rebels,  had,  upon  tb« 
defeat  of  Papineau's  party,  fled  to  the  churches  of  St..  Den- 


ENGLAND  AND  VAN  DIEMAn's  LAKD. 


113 


ceys, 
were 
oun- 
of 
was 
ted 
and 
into 
ep- 
the 
hey 
avc 


nis,  and  St.  Eustache  as  a  sanctuary;  but  the  sanguinary 
Colborne,  surrounded  them  with  his  troops,  and  gave  orders 
that  the  torch  should  be  applied  to  the  churches,  and  that 
every  man,  woman  and  child,  who  should  rush  forth  from 
the  flames,  should  be  instantly  shot  down.  **  It  was  a  horrid 
sight,''  said  the  narrator;  "they  begged  for  quarter,  in  the 
most  piteous  accents,  and  their  cries  and  lamentations  might 
have  been  heard  a  mile ;  but  they  were  unheeded ;  the  fire- 
brand was  immediately  applied,  and  then  commenced  a  scene 
upon  which  demons  could  not  have  gazed  unmoved.  Aged 
sires,  aged  matrons,  the  faithiul  and  devoted  wife,  the  bloom- 
ing maiden,  the  school-boy,  and  the  prattling  infant  were  all 
there  ;  and  as  the  flames  began  to  spread,  their  shrieks  were  so 
dreadful,  so  heart-rending  that  it  appeared  to  me  our  officers 
must  relent.  Some  of  them  seemed  moved  a  little,  but  others 
were  laughing  in  derision,  and  urging  their  men  to  slay  with- 
out mercy.  Many  rushed  forth  from  the  flames,  and  were 
instantly  shot  down.  I  saw  a  young  and  beautiful  maiden 
leap  from  a  window ;  many  shots  were  fired  at  her,  but  she 
fell  not.  Rushing  toward  our  ranks,  she  held  up  her  lily- 
white  hands  in  supplication,  and  a  few  of  our  men,  who 
perhaps  had  daughters  of  their  own,  cried  out,  *  Spare  her!' 
but  an  old  gray-headed  soldier  ran  his  bayonet  through  her, 
shouting  at  the  same  time,  *  Take  that,  sweet-heart;  no  doubt 

your  lover  is  a  d rebel !'    A  mother  rushed  Irom  the  door 

hugging  an  infant  to  her  breast.  Falling  on  her  knees,  she 
begged  for  the  life  of  her  child,  but  a  bayonet  was  run 
through  both ;  after  which  an  officer,  in  wanton  brutality,  cut 
off  both  their  heads  with  his  sword,  l^ot  a  single  soul  es- 
caped— all  were  butchered  that  did  not  perish  in  the  flames.*' 
Reader,  for  such  praiseworthy  conduct  as  this,  the  horrors 
of  which  are  but  half  told.  Sir  John  Colborne  was  afterward 
made  a  Peer  of  Great  Britain  with  the  title  of  "  Lord 
Seaton."  Can  an  Englishman  reflect  upon  this  and  not  feel 
ashamed  of  British  justice ;  or  a  christian  read  it  and  not 

" Blush,  and  hang  his  head,  to  own  himself  a  man?^^ 

We  reached  the  city  of  Montreal  at  8  o'clock,  P.  M.,  cold, 
wet,  and  hungry,  having  eaten  nothing  during  the  day.     Wo 
8 


114 


NOTES  OF  AN  EXILE,  ON  CANADA, 


1(11 


were  marched  to  the  city  guard-house,  ^where  the  24th  were 
quartered,  and  thrust  into  a  small  apartment  in  which  we  had 
only  room  enough  to  stand  upright ;  but  could  neither  sit  nor 
He  down.  Our  wrists  were  very  much  swollen.  The  pain  of 
my  own  was  most  excruciating,  and  my  limbs  were  scarcely 
able  to  support  me.  Some  of  our  party  had  likewise  suffer- 
ed greatly  from  the  irons  upon  their  ankles  during  the  whole 
journey.  Mr.  John  G.  Parker  was  particularly  unfortunate 
in  this  respect.  We  asked  a  subaltern  officer  who  had  us  in 
charge,  to  take  off  our  hand-cuffs  and  allow  us  a  light  while 
we  ate  our  suppers,  or,  at  least,  long  enough  to  cut  our  bread 

and  meat;  but  were  told  that  the  "d rebels  deserved 

no  mercy  and  we  need  not  expect  any."  Some  of  our  men 
were  thirsty  and  begged  for  water,  but  even  this  was  denied 
them.  One  of  the  soldiers  placed  a  lamp  near  the  window 
over  our  door;  but  the  officer,  with  an  oath,  pulled  it  down, 
leaving  us  in  utter  darkness  to  eat  the  meal  which  we  so 
much  required  after  our  long  day  of  fasting  and  fatigue. 

About  10  o'clock,  a  commissioned  officer  of  the  24th  came 
in,  and,  although  he  did  not  appear  to  be  troubled  with  too 
much  of  the  milk  of  human  kindness,  had  the  decency  to  pre- 
tend extreme  displeasure  at  the  wanton  barbarity  which  had 
been  shown  us ;  and  ordered  part  of  our  number  to  be  remov- 
ed to  the  garrison,  making  room  for  the  residue  to  stretch 
their  aching  limbs  upon  the  soft  floor:  but  the  hand-cuffs- 
stuck  to  our  wrists  in  spite  of  our  remonstrances ;  a  circum- 
stance which  deprived  me,  and  I  believe  several  others,  of 
sleep,  the  pain  arising  therefrom  being  too  excruciating  to 
admit  of  even  temporary  forgetfulness.    We  were  kept  in  this 
condition  until  4  o'clock,  P.  M.,  the  next  day,  without  being 
allowed  either  food  or  water,  and  then  marched  a  distance  of 
half  a  mile  to  the  wharf.     The  streets  of  the  city  through 
which  we  passed,   were  densely   crowded  with    spectators,, 
who  seemed  very  anxious  to  stare  at  "  the  Upper  Canadian 
rebels,"  as  we  were  called.     Many  of  them,  particularly  the 
French,  manifested  much  sympathy  in  their  looks,  and  I  saw 
several  burst  into  tears  as  we  dragged  our  heavy  chains 
through  the  mud. 


ENOLAMD  Ann  VAN  DIEMAN's  LAND. 


115 


lains 


Among  the  mob  was  my  old  friend,  Colonel  Townsend,  of 
the  24th.    He  followed  us  the  whole  distance,  manifesting  a 
very  laudable  desire  to  make  his  parting  with  one  whom  he 
had  tried  hard  to  elevate  as  high  as  the  platform  of  a  gallows, 
as  pleasant  and  agreeable  as  his  excellent  breeding,  fine  feel- 
ings, and  honorable  principles  would  admit ;  calling  out  to  his 
polished  blackguard  acquaintances  every  minute  and  pointing 
to  me,  "  There  goes  Miller !     Don't  you  see  that  tall,  slim 
fellow  there  1  that's  Miller,  the  d Yankee  lawyer  sym- 
pathiser."   At  the  wharf  a  mob  of  the  most  squalid,  miserable 
looking  objects  I  ever  beheld,  was  assembled,  evidently  for 
the  express  purpose  of  insulting  us ;  and  an  admirable  per- 
formance they  made  of  it.     Groans,  hisses,  and  speeches  of 
various  kinds  were  profusely  showered  upon  us.     A  fellow 
close  by  my  side  exclaimed,  "  Thar  go  the  hinimies  of  our 
beloved  Queen — damn  the  hinimies  of  our  beloved  Queen — 
long  live  our  beloved  Queen !  "    I  turned  my  eyes  in  that 
direction,  and  behold,  this  loving  subject  of  *^  our  beloved 
Queen "  looked  as  though  the  woman  whose  name  hung 
so  sweetly  upon  his  loving  lips,  was  very  unmindful  of  him ; 
for  he  was  decidedly  the  greatest  curiosity  of  the  rag-a-muffin 
species  ever  imported  from  the  land  of  "  milk  and  honey," 
swate  Ireland.     "Och!  och!  och!  my  coontre,  my  QvaneI 
Swate  crather!"    How  an  honest-hearted  Paddy,  who  has 
been  a  slave  all  his  days,  can  love  thee !     There  were  like- 
wise several  ragged  negroes  in  the  mob,  probably  runaway 
slaves  from  the  States ;  one  of  these  fellows  manifested  more 
loyalty  and  love  for  Queen  Victoria  than  the  Irish  cr other. 
Thrusting  his  handsome  visage  almost  into  my  face,  he  first 
gave  a  few  genuine  nigger  groans  and  hisses,  and  then  com- 
menced, "  Vot  for  you  no  lub  our  belubed  coori  (Queen)  like 
as  Sambo  do  ?    Vot  for  you  fight  em,  eh  ?     You  all  vun  dam 
bad  man.     You  fight  him  coon.    You  no  lub  him  coon  1    Sam- 
bo lub  him  coon — long  lib  our  belubed  coonf^^ 

An  entire  regiment  of  blacks,  officers  excepted,  was  raised 
in  Upper  Canada  during  the  first  outbreak.  One  of  them 
was  placed  on  sentry  near  Chippewa  one  night,  while  Van 
Rensselaer  and  his  men  held  Navy  Island.     A  Canadian 


116 


NOTES  OF  AN  EXILE,  ON  CANADA, 


refugee  in  endeavoring  to  pass  the  lines,  happened  to  cross 
the  Negro's  beat,  Avho,  as  in  duty  bound,  immediately  roared 
out,  "  Who  corame  dar  ]"  "Friend,''  was  the  reply.  "  Fren 
be  dam ! — say  Chippewa  tre  time,  or  ye  no  pass  dis  nigger 
dis  night."  Taking  the  hint,  "Chippewa,"  the  watchword 
of  the  enemy,  was  immediately  repeated  thrice  in  succession, 
and  he  was  allowed  to  pass;  the  sentry  saying,  "  Pass  on, 

Chippewa,  all  well.     Go  to  h too,  dam  fool;  meet  any 

more  fool,  tell  'em  say  Chippewa  tre  time,  if  dey're  comin  dis 
way."  It  was  said,  although  I  will  not  vouch  for  its  tiuth, 
that  one  man  drove  the  whole  regiment  a  mile,  by  throwing 
pebble  stones  at  their  shins.  I  once  passed  a  Negro  sergeant 
drilling  about  a  score  of  his  comrades,  and  was  not  a  little 
amused  at  the  performance.  The  orders  were  given  after 
this  fashion,  "  Come  dis  way ;  come  dat  way ;  turn  dis  way; 
turn  dat  way ;  turn  him  toe  right ;  turn  him  toe  lef ;  face  him 
roun  tudder  way ;  cock  him  gun  up  straight ;  now  march 
straight  forard  ;  now  turn  dis  way  ;  now  turn  dat ;  ncv/  stop 
one  dam  nigger  all;  now  cock  him  gun ;  now  persent  him 
gun  ;  not  so  dam  high  ;  not  so  cot  dam  low ;  now  pull  him 
trigger;  now  recubber  him  gun;  now  march  him  straight 
back  where  him  come  from,  straight  forard ;  now  stop  one 
dam  nigger  all ;  now  gib  him  tre  cheer  vor  our  belubbed 
Queen,  vot  so  dam  good,  gib  poor  n^^ger  bread  and 
meat."  I  certainly  thought  Victoria  was  hard  pushed  for 
soldiers. 

We  were  well  treated  on  board  the  steamer  "  British 
Queen,"  had  a  warm  cabin  to  ourselves,  our  wristbands  were 
taken  off,  and  we  were  likewise  furnished  with  something  eat- 
able ;  which,  after  our  fast  in  the  hospitable  city  of  Montreal, 
we  much  needed.  The  next  day,  at  2  o'clock,  P.  M.,  we 
reached  the  Gibralter  of  America.  We  were  well  accommo- 
dated at  the  hotel  which  persons  in  our  circumstances  always 
patronize ;  had  our  irons  all  taken  off,  and  made  ourselves 
quite  at  home  during  our  stay.  The  landlord,  or  "gover- 
nor" as  he  termed  himself,  having  doubtless,  a  dislike  to  the 
proper  epithet  of  jailer,  was  a  jolly,  honest-hearted  old  gen- 
tleman, and  exerted  himself  not  a  little  to  make  us  cheerful 


ENGLAND  AND  VAN  DIFMaN^S  LAND. 


117 


)elieve  that  we  were 
ing  'iLe  v'nter;  but 


rful 


nnd  happy.  As  yet  we  had  been  led 
removed  to  Quebec  for  safe  keeping  U 
the  day  after  our  arrival,  the  sherif  iiil'(  inc(J  us  'lat  he  had 
orders  to  forward  us  at  once  to  Engljuu.  ;  and  as  the  render 
may  guess,  we  all  began  to  smell  the  land  of  Kod;  which  '•ir 
George  Arthur  knew,  from  experience,  to  be  a  fine  cou'  ry, 
suited  to  our  peculiar  tastes  and  dispositions,  or  he  had  not 
found  it  in  his  heart  to  send  us  there  at  so  much  trouble  and 
expense.  A  lumber  vessel  was  about  sailing  for  Liverpool, 
and  our  passages  were  forthwith  engaged.  This  was,  we 
understood,  the  last  vessel  outward  bound  for  the  season,  and 
the  river  had  already  began  to  freeze  over,  so  that  some  fears 
were  entertained  by  the  authorities  that  the  vessel  would  not 
be  able  to  clear  the  gulf.  The  Rev.  Thomas  Osgood,  a  very 
plain,  simple  clergyman,  but  an  excellent  man,  whose  name 
is  indentified  with  the  Sabbath  school  cause  in  Canada  and 
some  of  the  New  England  states,  called  upon  us  the  day  be- 
fore we  sailed ;  and  after  saying  that  he  had  engaged  his 
passage  to  England  by  the  same  vessel,  asked  permission  to 
pray  with  and  preach  to  us  during  the  voyage.  This  was, 
of  course,  granted  without  hesitation  on  our  part.  We  ask- 
ed permission  to  write  to  our  respective  friends  before  leav- 
ing our  native  land,  as  we  feared,  forever.  This  was  granted 
with  an  ill  grace,  however ;  but  not  one  of  our  letters  were 
ever  forwarded,  as  I  have  since  ascertained;  and  our  friends 
knew  nothing  of  our  removal  until  the  news  found  its  way 
into  the  public  papers.  On  the  22d  November,  the  chains 
and  hand-cuffs  were  again  put  on,  and  we  were  marched 
through  the  streets  of  the  city  to  the  wharf.  We  were  again 
the  subject  of  much  curiosity,  and  a  mob  of  Irish  emigrants 
commenced  hissing  as  we  passed  through  the  city  gate;  but  a 
^;ry  of,  "  Silence!  shame  on  you,  to  insult  the  poor  fellows," 
from  the  citizens,  put  a  stop  to  it.  A  boat  was  in  readiness 
to  convey  us  to  the  "  Captain  Ross,"  a  barque  of  some  250 
tons,  which  lay  in  the  stream  with  the  "Blue  Peter"  flying 
at  her  mast-head.  With  an  aching  heart  I  stepped  into  the 
boat,  fearing  that  I  might  never  place  my  foot  upon  the 
American  continent  again. 


118 


lfOTB«  OP  AN  BXILIy  ON  CANADA, 


CHAPTER  XIII. 

Th«  IrUhman'i  Soliloquy.— Th«  Lumber  Vtnel  "Oaptiin  Row."— The  Priion  Cabin. 
— Tht  Ritioni.— Capt.  Morton.— The  Guard  of  Soldiert.— Sea-Siokneu.— The 
Gale.— Sufleringt  of  the  Priaonera.— Attempt  to  Mutiny.— The  Traitor.- A  Scene 
en  Deck.— Sail,  ho!— Speaking  the  Baltimore  Clipper.— ^Arrival  at  Lirerpool.— 
Remarka. 

"  Ship  ahoy !  thunder  and  blazes !  pitchforks  and  shillalahs ! 
Och!  murther!  murther!  murther! — but  we're  done  for  now! 
I  always  knew  they  meant  to  kill  us,  but  didn't  think  of  being 
buried  alive  in  sich  an  infernal  hole  as  this.  Liverpool,  eht — 
by  Jupiter!  not  a  soul  of  us  will  ever  live  to  set  foot  on  the 
blessed  shore  again.  The  land-sharks  might  as  well  have 
dissected  us  as  to  bring  us  here  for  the  sea  monsters  to  digest. 
Well — well — it's  of  no  use  to  whimper  or  blubber  about  it; 
but  the  fishes  won't  get  much  of  a  feed  out  of  me — that's  one 
comfort.  I'm  nothing  but  skin  and  bones,  and  they'll  have 
to  be  devilish  hungry  before  they'll  stomach  my  carcass. — I 
wonder  if  they've  got  any  provisions  aboard  this  old  scow? 
Sich  kind  o'  things  must  be  scarce  in  Canada,  from  the  way 
they've  dealt  them  out  to  us.  I'm  so  hungry,  I  could  eat  the 
chains  on  my  legs,  and  a  bushel  of  hot  'taters  to  boot.  Och  ? 
murther!  murther! — but  I'll  never  see  my  poor  wife  again!" 

Such  was  the  soliloquy  of  J.  J.  McNulty,  as  I,  with  my 
poor  mate  Reynolds,  was  thrust — after  having  been  twice 
searched  on  deck — into  the  hole  of  which  the  honest  Irish- 
man was  complaining.  At  first  it  was  so  dark  that  I  could 
see  nothing,  owing  to  our  sudden  transition;  but  while  listen- 
ing to  the  foregoing,  and  other  expressions  of  horror,  from 
various  individuals  who  were  groping  about  in  search  of 
berths,  &c.,  the  film  gradually  wore  away,  and  object  after 
object  in  our  living  tomb  became  dimly  visible;  and  I  confess 


EMOLAHD  AND  VAW  DIEMAK'S  LAND. 


119 


I  was  horror-stricken.  The  depth  between  decks  wai  less 
than  five  feet  There  were  six  berths  on  each  side,  five  and 
a  half  feet  long,  and  three  and  a  half  wide;  and  two  across 
the  ends  capable  of  accommodating  one  person  each.  In  the 
center  was  the  hatchway,  underneath  which  were  two  tubs 
for  general  purposes.  The  whole  space,  including  berths, 
hatchway,  &c.,  was  about  fourteen  feet  by  twelve,  in  which 
thirty-four  persons  were  to  live  during  a  voyage  of  4000 
miles.  Eleven  French  Canadian  convicts,  thieves,  highway 
robbers  and  murderers,  were  thrust  in  with  us:  fortunately 
but  one  or  two  of  their  number  could  understand  or  sp«ak 
English.  Indignant  as  we  all  felt  at  the  insult,  we  had  no 
redress,  except  in  keeping  thorn  a  distinct  class  as  much  as 
possible.  Nine  of  their  number  occupied  three  of  the  side 
berths,  the  other  two  sleeping  upon  the  floor,  as  did  some 
of  our  own  party.  Being  chained  in  pairs,  the  constant 
rattling  of  our  irons  added  not  a  little  to  our  other  afflictions. 
Sixteen  hours  out  of  twenty-four,  the  hatchway  was  closed, 
depriving  us  of  fresh  air,  and  shutting  out  all  light  except 
what  two  small  sky-lights  afforded.  The  rations  allowed  us 
were,  for  breakfast,  a  mixture  of  boiled  meat  and  potato, 
which  the  Frenchmen  called  lobscous;  for  dinner,  boiled  beef 
and  a  sea-biscuit — the  former  was  always  very  salt,  and  the 
latter  very  mouldy;  for  supper,  a  kind  of  gruel  made  of  oat- 
meal, which  was  called  stir-about.  Wooden  bowls  and  spoons 
were  graciously  allowed  us,  to  facilitate  the  fastidious  busi- 
ness of  devouring  our  food.  Something  less  than  a  peck  of 
dirt  answered  for  seasoning,  and  gave  to  the  delicious  stuff 
an  agreeable  flavor;  insomuch  that  seeing  it,  even  by  our  dim 
light,  was  sure  to  beget  the  desire  of  eating,  whether  one  had 
an  appetite  or  not:  in  fact  the  first  sight  and  smell  of  it  caused 
me  to  vomit,  and  the  same  cause  produced  a  similar  effect 
during  the  whole  voyage.  The  captain,  who  rejoiced  in  the 
appellation  of  Digby  Morton,  was  a  stout,  jolly-looking  fellow; 
but,  as  we  soon  learned,  a  desperate  coward.  He  always 
managed  to  keep  at  a  respectful  distance  from  us  when  we 
went  on  deck,  unless  armed  to  the  teeth;  and  even  then  seem- 
ed very  wary  in  all  his  movements,  lest  we  should  possess 


120 


NOTES  OF  AN  EXILE,  ON  CANADA, 


M  '■' 


ourselves  of  his  formidable  weapons.  The  keeper,  Morris, — 
a  kind  of  half-civilized  brute — styled  himself  "  Captain  of  the 
watch,"  which  was  composed  of  eight  poor,  ragged,  and 
hungry-looking  fellows,  one  of  whom  was  stationed  with  his 
blunderbuss,  pistols  and  sabre,  immediately  over  the  hatch- 
way, day  and  night;  and  the  better  to  impress  our  minds  with 
a  due  sense  of  the  strength  and  importance  of  this  military 
force,  from  sunset  to  sunrise,  "all's  well"  was  called  by  at 
least  four  sogers  every  fifteen  minutes:  as  much  as  to  say, 
"We  are  all  here,  and  you  had  better  keep  quiet."  I  learned, 
however,  that  two  of  these  night-soldiers  were  nothing  more 
than  the  sailors  belonging  to  the  vessel,  who  were  made, 
while  on  watch,  to  personify  the  genuine  heroes  who  were 
sleeping  below. 

No  sooner  had  we  made  sail  than  sea-sickness  commenced, 
and  with  myself  only  ended  with  the  voyage.  To  describe 
this  curse  of  the  ocean  would  be  a  difficult  task.  An  intole- 
rable nausea  and  loathing  of  every  object  which  is  seen, 
touched,  smelt,  or  tasted,  is  one  of  its  effects;  and  the  longer 
it  continues,  the  more  one  hates  and  abhors  —  no  matter  how; 
much  of  an  egotist  he  may  be  —  his  own  dear  self.  Another 
unpleasant  effect  is,  that  the  sutTorer  takes  a  dislike  to  every 
thing  he  eats  while  ill;  and  the  prejudice  does  not  always 
leave  an  epicure,  or  a  person  who  is  naturally  very  sensitive, 
with  the  disgusting  malady.  After  a  period  of  seven  years, 
I  still  retain  dislikes  and  prejudices  which  I  then  acquired. 

We  drifted  slowly  down  the  river  for  two  days,  but  on  the 
third  a  fresh  wind  sprang  up  which  soon  increased  to  a  gale, 
and  hurried  us  out  of  the  gulf.  The  weather  was  extremely 
cold,  and  our  vessel  was  soon  covered  with  ice.  The  fog  was 
so  dense  as  to  render  objects  indistinct,  a  few  rods  from  us; 
this  is  said  to  be  generally  the  case  in  the  gulf  and  off*  the 
banks  of  Newfoundland,  at  that  season  of  the  year.  In  pass- 
ing the  banks,  the  captain,  as  he  afterwards  acknowledged, 
lost  his  course,  and  was  near  running  upon  the  rocks,  the  fog 
adding  not  a  little  to  his  embarrassment.  The  gale  continued 
about  twelve  days,  during  which  we  averaged  two  hundred 
miles  per  day.    Our  sufferings  during  this  time  were  horrible. 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


121 


fog 


The  hatches  were  battened  down  much  of  the  time,  and  we 
had  no  fresh  air;  but  the  vessel,  being  heavily  laden,  frequent- 
ly shipped  heavy  seas,  and  the  water  would  sometimes  pour 
down  in  torrents  into  our  hole,  cleansing  the  fetid  air,  but  for 
which  it  would  have  indeed  been  intolerable.  The  two  buck- 
ets before  alluded  to  were  only  emptied  once  in  twenty-four 
hours,  and  as  the  ship  careened  their  contents  were  not  un- 
frequently  thrown  upon  the  floor.  I  lay  in  my  berth,  chained 
to  my  poor  friend,  Reynolds;  and  if  I  murmured  against  the 
decrees  of  Providence,  or  jirayed  for  death,  it  must  have  been 
wrong  in  me  to  do  so,  but  I  fear  that  1  did. 

Before  leaving  the  gulf,  I  went  on  deck  to  take,  as  I  feared, 
a  farewell  look  of  my  native  land ;  and  most  of  my  compan- 
ions did  the  same.  Sad  .is  our  countenances  looked,  while 
gazing  in  mute  despair  upon  the  iron-bound  coast  of  our 
native  continent,  our  hearts  were  sadder,  by  far.  The  beau- 
tiful and  expressive  words  of  the  poet  came  home  to  my 
heart, — 

"  Ye«,  my  native  laml,  1  love  thee, 

All  lliy  scenes,  I  love  iheni  well; 
Friend*,  connexions,  hnppy  country, 

Must  I  bid  you  all  farewell  ? 
Must  I  leave  you — mum  I  leave  you, 
Far  in  huuihen  lands  to  dwell  ?" 

During  the  gale,  the  weather  was  intensely  cold,  and  the 
vessel  was  so  thickly  covered  with  ice  as  greatly  to  impede 
her  progress.  Every  sailor  and  soldier  on  board  was  more 
or  less  frozen  and  disabled.  This  fact  coming  to  the  know- 
ledge of  our  party,  a  plan  was  immediately  entered  into  to 
take  the  vessel  into  our  own  hands  and  navigate  her  back  into 
some  port  of  the  United  States,  where  we  could  all  go  ashore 
—  leaving  the  officers  and  crew  to  pursue  their  voyage  when 
we  had  effected  our  purpose;  and,  as  there  was  no  one  of  any 
consequence  to  resist  us,  we  hoped  to  do  it  without  bloodshed. 
I  was  too  ill  to  take  any  part  in  the  affair,  beyond  that  of 
encouraging  the  others.  When,  however,  nearly  ready  for 
action,  and  another  half  hour  would  have  changed  our  pros- 
pects and  destination,  the  hatchway  was  suddenly  shut  down 
and  barred,  ^'all  hands"  were  summoned  on  deck,  and  we 


122 


MOTES  OF  AN  EXILE,  ON  CANADA, 


heard  a  great  rattling  of  cutlasses  and  fire  arms,  above  which 
sounded  the  voice  of  the  valorous  captain,  trembling  with 
fear  or  cold,  and  exhorting  the  sailors  and  soldiers  to  do  their 
duty,  if  they  would  ever  see  their  wives  and  sweet-hearts 
again.  At  length  the  hatchway  was  cautiously  re-opened, 
and  Messrs.  Parker  and  Wait  were  ordered  on  deck  by 
Morris ;  but  no  sooner  were  their  heads  above,  than  they 
were  seized  by  the  coat-collar  and  drawn  up ;  those  below 
being  ordered  at  the  same  time  to  keep  their  berths,  on  pain 
of  instant  death.  After  a  lengthy  and  loud  altercation,  they 
were  thrust  below  with  a  new  set  of  irons  weighing  fifty 
pounds,  and  the  others  were  called  up  in  turn.  I  was 
scarcely  able,  from  weakness,  to  ascend  the  stairway,  but 
this  did  not  save  me  from  a  severe  tongue-thrashing, — Capt. 
Morton  charging  me  with  an  attempt  to  mutiny.  Every  free 
soul  on  board,  except  the  Rev.  ]\Ir.  Osgood,  was  present, 
heavily  armed,  and  all  appeared  to  be  much  frightened.  In 
reply,  I  appealed  to  my  debilitated  condition,  which  forbade 
the  idea  of  my  taking  part  in  such  an  undertaking,  even 
were  it  in  contemplation  by  my  comrades,  which  supposition 
I  treated  with  ridicule  and  contempt;  but  as  most  of  our  irons 
were  discovered  to  be  nearly  sawn  asunder,  the  affair  put 
them  on  their  guard,  and  we  were  closely  Avatched  during 
the  remainder  of  the  voyage.  We  were  at  first  at  a  loss  to 
understand  how  the  captain  gained  his  information  ;  but  on 
our  arrival  at  Liverpool,  he  caused  an  exaggerated  account 
of  the  suppressed  mutiny  to  be  printed,  from  which  it  ap- 
peared that  the  old  traitor,  Jacob  Beemer,  had  betrayed  us. 
His  object  in  doing  so,  was  to  secure  a  pardon  for  himself. 
How  well  he  succeeded  will  appear  in  subsequent  chapters. 

The  weather  grew  warm  in  proportion  as  our  distance 
from  land  increased,  and  the  thick  coat  of  ice  which  accu- 
mulated on  the  vessel  while  off  the  banks  of  Newfound- 
land, soon  disappeared.  A  calm,  and  contrary  winds,  which 
lasted  several  days,  succeeded  the  gale  ;  during  which  our 
party  were  allowed,  under  certain  restrictions,  to  spend  half 
an  hour  on  deck.  On  one  of  these  occasions,  an  incident 
convinced  me  that  there  were  little  niceties  in  a  sailor'i 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


123 


1  pain 
,  they 
r  fifty 
'.  was 
,',  but 
■Capt. 
y  free 


calling  as  well  as  others,  which  require  intelligence,  close 
*  observation  and  experience.  The  sky  was  clear,  bright  and 
fair;  and  there  was  scarcely  a  breath  of  moving  air  to  break 
the  smooth  surface  of  the  long  and  heavy  swells  which  ca- 
reened our  barque  slightly  from  one  side  to  the  other,  causing 
the  loose  sails  to  flutter  in  the  undulations  which  the  motion 
occasioned.  The  watch  were  lounging  about  the  forecastle, 
singing  ditties  and  spinning  yarns;  the  captain  and  mate 
pacing  the  quarter-deck  with  heavy  steps,  and  indulging  in 
an  occasional  yawn,  while  the  immaculate  Morris  was  show- 
ing off  his  importance,  by  flourishing  his  old  rusty  sword  in 
the  air — an  instrument  which  he  handled  as  gracefully  as  raw 
hands  at  the  trade  always  do.  I  was  beginning  to  wonder 
how  sailors  could  endure  the  ennui  and  inaction  incident  to 
their  trade,  when  I  noticed  the  captain  glance  his  eye  toward 
the  sun,  which  was  near  his  meridian,  stop  his  promenade, 
and  gaze  intently  at  it  for  a  few  seconds,  then  survey  the 
horizon  to  windward,  and  shout  with  a  tone  of  voice  which 
the  sailors  well  knew  how  to  interpret,  "All  hands  on  deck 
— up  with  the  starboard  watch — tumble  up  there,  quick  !" — 
In  one  minute  from  the  time  he  first  glanced  at  the  sun,  the 
whole  crew  were  on  deck  and  at  their  posts.  The  captain 
threw  off  his  hat  and  coat,  and  taking  hold  with  his  own 
hands,  encouraged  his  men  to  exert  themselves  to  the  ut- 
most. In  a  short  time  all  the  sails  were  either  close  reefed 
or  hauled  down,  with  the  exception  of  the  main-sail,  in 
which  a  double  reef  was  also  taken.  Surprised  at  the  rapid- 
ity of  their  preparation  for  a  storm,  I  strained  my  eyes  in 
scanning  every  part  of  the  heavens,  for  the  cloud  or  other 
phenomena  which  had  given  rise  to  it,  but  could  detect  no- 
thing unusual.  Scarcely,  however,  had  all  been  made  snug, 
when  a  heavy  gale  of  wind  suddenly  burst  upon  us  with 
awful  fury,  which  but  for  the  timely  preparations,  must  have 
carried  away  our  spars  or  capsized  the  vessel.  I  was  pleased 
at  the  coolness  and  self-possession  which  the  old  veteran 
sailor  evinced,  as  he  directed  the  movement  of  his  vessel 
through  the  foaming  ocean ;  but  Master  Morris  had  sheathed 
his  sabre,  and  dwindled  from  the  mighty  warrior  into  a  pale- 


124 


NOTES  OF  AN  EXILE,  ON  CANADA, 


faced  nonentity.     His  cowardly  heart  fainted  on  the  first  ap- 
pearance of  danger. 

About  noon  of  the  third  Sabbath  at  sea,  "Sail,  ho!''  was 
shouted  by  half  a  dozen  voices  on  deck;  and  the  cheering 
sound  penetrated  the  dark,  loathsome  hole  of  our  floating 
prison,  causing  an  excitement  and  feelings  akin  to  gladness 
in  our  still  darker  and  more  desolate  hearts.  The  stranger 
was  several  miles  to  leeward  when  observed,  and  the  captain 
shaped  his  course  to  speak  her,  hoisting  at  the  same  time  the 
usual  colors,  which  was  soon  answered  by  our  new  neigh- 
bor. In  about  two  hours  the  captain  called  Messrs.  Parker, 
Wait,  Wixon,  Reynolds  and  myself  on  deck,  to  see,  as  he 
said,  "a  Yankee  ship."  1  was  amused  with  the  caution  which 
he  thought  prudent  to  use  on  the  occasion.  We  were  placed 
in  a  position  where  our  chains  could  not  be  seen  from  the 
decks  of  the  stranger.  The  soldiers  were  stripped  of  their 
arms  and  accoutrements,  so  that  we  had  no  appearance  of 
anything  military,  lest,  as  the  captain  said,  "they  should  be 
frightened,  and  run  away  without  speaking  us;"  thus  meas- 
uring, according  to  the  old  proverb,  "his  neighbor's  corn  in 
his  own  half-bushel."  Strict  orders  were  likewise  given 
that  perfect  silence  should  be  observed  by  all ;  not  even  a 
whisper  was  allowed.  The  stranger  proved  to  be  a  Balti- 
more Clipper,  new,  neatly  rigged  and  copper  bottomed. — 
The  STARS  AND  STRIPES  werc  gracefully  floating  from  her 
inizzen-mast,  and  to  my  eye,  appeared  far  prettier  than  the 
"C/?iio7i  Jac/c,"  which  Britons  glory  so  much  in;  while  to 
my  heart,  that  flag  was  dearer  than  life  itself,  under  present 
circumstances;  for  it  was  the  emblem  of  my  country's  great- 
ness. Though  my  limbs  were  fettered  with  chains,  I  felt 
that  I  could  glory  in  her  glory,  and  rejoice  in  her  strength  ; 
proud  that  she  was  free  and  independent,  her  flag  respected 
on  the  ocean,  and  her  name  mighty  among  the  nations  of 
the  earth  ;  proud  of  her  just  laws,  peaceful  institutions,  and 
the  w^onderful  enterprise  of  her  hardy  sons ;  and  grateful  to 
God,  who  had  raised  her  from  a  state  of  British  dependence 
and  thraldom,  to  her  present  state  of  power.  The  struggles 
of  my  forefathers,  their  devoted  patriotism,  incarcerations, 


ENGLAND  AND  VAN  DIEM  AN  S  LAND. 


125 


was 


chains,  sufferings,  and  blood  poured  out  in  torrents  upon  the 
altar  of  liberty,  came  up  in  remembrance  before  me ;  and 
when  I  reflected  that  I  was  suffering  in  the  same  glorious 
cause,  I  felt  proud  of  my  galling  chains,  and  in  a  measure 
reconciled  to  my  hard  fate.  I  remembered,  too,  the  strug- 
gling band  of  patriots  in  Canada,  and  pra)\.d  that  He  who 
had  so  wonderfully  blessed  my  own  native  land,  would 
deign  to  smile  upon  their  feeble  efforts,  and  that  the  flag  of 
free  and  independent  Canada  might  soon  be  seen  floating  in 
triumph  upon  the  seas,  respected  by  the  unnatural  parent 
then  striving  to  crush  her  in  the  dust  of  the  earth. 

When  within  speaking  distance,  the  sails  of  both  vessels 
were  hastily  clewed  up,  and  our  captain  with  his  speaking 
trumpet  hailed  her,— 

"Ship  ahoy!" 

"  Aye,"  was  the  answer. 

'*  Whence  came  you]" 

"  From  Baltimore." 

'*  How  long  have  you  been  at  sea?" 

''  Twenty-three  days." 

''  Where  are  you  bound  ?  " 

'«  To  Rotterdam." 

"  What  is  your  cargo  ?  " 

<<Cotton.'- 

"  What  is  your  longitude  ?  " 

"  Thirty-three  degrees  and  ten  minutes  west  at  12  o'clock 
lo-day." 

"  Are  you  all  wein  " 

"All  well,  thank  you." 

Similar  questions  were  put  by  the  American  captain  to 
ours ;  but,  in  his  answers,  he  took  care  not  to  tell  what  a 
part  of  his  cargo  was.  The  longitude  of  the  two  ships  prov- 
ed to  be  nearly  the  same;  to  ascertain  which,  is  generally 
the  chief  object  in  speaking  vessels.  A  slight  variation  from 
the  true  time  in  a  ship's  chronometer,  is  of  the  utmost  impor- 
tance to  be  known  when  near  land.  In  long  voyages  much 
dependence  must  necessarily  be  put  in  this  useful  instrument. 
The  American  captain  informed  us  that  he  lost  his  binacle, 


126 


NOTES  OP  AN  EXILE,  ON  CANADA, 


I'ti 


quadrant  and  other  articles,  and  his  ship  had  suffered  consid- 
erable injury  in  the  gale  which  I  have  mentioned.  I  watched 
her  as  she  resumed  her  course,  until  I  could  no  longer  see 
an  object  to  remind  me  of  home  and  country;  and  then  went 
below  with  a  heavy  and  irreconciled  heart. 

In  a  few  days  we  saw  Cape  Clear,  after  which  many  ves- 
sels were  always  to  be  seen  from  our  decks.     I  counted  sev- 
enteen at  one  time ;  among  them  was  a  British  man-of-war  of 
120  guns.     Vessels  of  this  strength  are  usually  denominated, 
^^ first-raters.^^    The  blue  hills  of  Wales  soon  made  their 
appearance ;  and  the  land  breeze,  together  with  the  prospect 
of  a  termination  of  our  voyage,  revived  my  drooping  spirits. 
There  was  pleasure,  too,  in  the  anticipation  of  treading  upon 
the  shores  of  England,  even  though  my  limbs  were  fettered. 
I  had,  from  my  earliest  recollections,  a  strong  desire  to  visit 
the  British  Isles ;  but  little  dreamed  that  this  was  to  be  grati- 
fied under  such  peculiar  circumstances.     I  had,  too,  a  strong 
prejudice  against  the  English,  as  a  people,  imbibed  from 
reading  their  history,  and  that  of  my  own  nation,  and  desired 
not  a  little  to  witness  with  own  eyes   the  faults  with  which 
my  youthful  imagination  had  clothed  the  English  character. 
To  what  extent  I  erred  will  appear  in  subsequent  chapters. 
Convictions  of  truth,  when  they  uproot  established  prejudi- 
ces and  dislikes,  are  like  the  rays  of  the  morning  sun,  dis- 
pelling the  mists  of  night,     They  are  grateful,  too,  to  a  mind 
not  rendered  callous  by  bigotry,  and  insensible  by  blind  and 
culpable  zeal  in  an  unholy  cause.     Happy  is  that  man  whose 
heart  is  open  to  truth,  even  though  it  exalts  his  greatest  ene- 
mies, and  humbles  himself  in  his  own  estimation ;  and  thrice 
happy  is  he  who  possesses  the  will   and  independence  of 
character  to  acknowledge  the  truth  and  reduce  it  to  practice. 
National  antipathies  would  soon  become  extinct  as  well  as  a 
thousand  other  evils,  if  mankind  would  but  divest  their  minds 
of  unjust  prejudices. 

Nothing  of  consequence  occurred  during  the  remainder  of 
the  voyage.  On  the  17th  of  December,  the  barque,  "Captain 
Ross"  anchored  in  Liverpool  harbor.  There  was  not  one  of 
our  number  that  did  not  feel  thankful  to  that  Providence, 


ENGLAND  AND  VAN  OIBMAN's  LAND. 


127 


who  had  so  wonderfully  preserved  our  lives,  and  given  us 
strength  to  endure  our  sufferings ;  which  were  so  great  that 
we  deemed  it  almost  impossible  that  all  our  lives  would  be 
spared  to  the  end  of  the  voyage.  During  the  voyage,  which 
was  unusually  short,  (only  twenty-five  days — average  voy- 
ages between  Quebec  and  Liverpool  being  forty  days,)  I 
think  I  may  safely  assert,  that  I  ate  less  than  suffices  a 
laboring  man,  of  common  appetite,  a  single  day ;  and  for 
twenty-one  days  in  succession,  I  had  *no  occasion  to  leave 
my  berth  for  the  purpose  of  parting  company  with  the  little 
I  had  eaten,  unless  it  was  to  vomit,  which  I  generally  essay- 
ed to  do,  whenever  the  lohscous  and  stir-a-bout  made  their 
appearance.  If  the  voyage  had  been  much  longer,  I  must 
have  perished,  as  I  was  reduced  to  a  mere  skeleton,  and  so 
weak  that  I  could  scarcely  stand. 


CHAPTER   XIV. 


Tlie  Landing. — Tbe  Prison. — English  Sympathy  .—The  Excellent  Chaplain.— Prison 
Regulations, — The  Prison  Chapel — Friends  from  London, — Remoral  of  Eleven 
Prisoners  to  Portsmouth. — The  Gale. — The  Journey  to  London,  kc,  &c. 

We  were,  on  the  day  of  our  arrival,  landed  at  the  wharf, 
and  conveyed  in  coaches  to  the  Liverpool  borough  jail  — 
commonly  known  as  *'  the  old  French  prison/  from  its  hav- 
ing been  used  during  the  last  wars  between  England  and 
France,  as  a  place  of  confinement  for  the  French  prisoners  of 
war.  A  large  crowd  of  people  assembled  at  the  wharf  to  get  a 
sight  of  us  when  we  landed;  and  I  saw  evidences  of  sympa- 
thy and  kindly  feelings  in  almost  every  face.  To  describe 
ihe  sensations  I  experienced  on  the  occasion  would  be  im- 
possible. I  was  prepared  to  meet  with  coldness,  derision, 
and  contempt,  and  had  fortified  my  mind  to  go  through  the 
ordeal  with  becoming  fortitude  and  dignity,  and  wear  my 
chains  as  an  American  should,  in  the  presence  of  his  ene- 


128 


NOTES  OF  AN  EXILE,  ON  CANADA, 


i 


yli 


mies ;  but  certainly  did  not  expect  to  see  all  look  and  act 
like  christians  and  friends. 

A  great  number  of  ladies  and  gentlemen  called  to  sec  us 
the  day  after  we  landed;  but  in  consequence  of  the  striciness 
of  the  prison  regulations,  only  a  few  obtained  admittance. 
They  were  warm  in  their  expressions  of  sympathy  and  good 
wishes;  and  were  greatly  shocked  at  the  relation  of  our  horrid 
sufferings  on  board  the  "  Captain  Ross."  The  prison  surgeon, 
Doctor  Archer,  and  the  chaplain,  the  reverend  Doctor  Buck, 
spent  some  hours  with  us;  and  we  were  soon  made  to  feel  that 
we  had  come  less  to  a  land  of  strangers,  than  of  friends. 
Both  of  these  gentlemen  proved  friends  indeed,  especially  the 
latter,  who  informed  us  that  having  heard,  the  previous  even- 
ing, of  the  arrival  of  twenty-three  state  prisoners  from  Canada, 
his  sympathies  were  immediately  enlisted  in  our  favor;  that  he 
had  a  circle  of  praying  friends  in  his  parish,  who  were  in  the 
habit  of  meeting  together  two  or  three  times  a  week,  for  the 
purpose  of  praying  for  such  objects  as  they  deemed  worthy; 
and  believing  our  cases  to  be  of  such  a  nature,  they  had  cove- 
nanted among  themselves  to  continue  their  intercessions  in  our 
behalf,  until  Providence  should  open  some  door  for  our  deliv- 
erance from  bondage.  Those  of  my  readers  who  acknow- 
ledge a  ^^ special  Providence,^^  will  see  reasons  to  believe,  from 
the  circumstances  which  soon  after  occurred,  that  the  suppli- 
cations of  these  faithful  servants  of  the  Most  High  were  not 
in  vain. 

My  health  immediately  after  we  landed  began  to  improve, 
and  my  appetite  soon  became  exceedingly  importunate  for  a 
larger  supply  of  provisions  than  was  allowed.  The  prison 
regulations  were  very  strict;  and,  although  we  were  not  re- 
quired to  conform  to  the  whole  code,  yet  we  were  not  a  little 
annoyed  at  some  of  the  indispensibles,  as  the  governor  called 
them.  We  were  locked  into  our  cells  at  sun-down,  to  spend 
the  night  as  we  best  could,  upon  matress  beds,  which  being 
spread  upon  a  plank,  or  rather  shelf,  we  found  not  quite  so 
soft  as  feathers.  The  prisoners  were  either  placed  in  sepa- 
rate cells,  or  three  put  in  together.  I  inquired  the  reason  for 
this  rule,  and  was  told,  that  a  few  years  previous,  two  men 


ENGLAND  AND  VAN  DIEMAN^S  LAND. 


129 


were  locked  up  in  the  same  cell,  and  in  the  morning  one  was 
found  dead  with  marks  of  violence  upon  his  person,  which  left 
no  doubt  with  regard  to  the  guilt  of  his  comrade;  but  in  the 
absence  of  any  other  testimony,  the  murderer  escaped  the 
penalty  due  to  his  crime j  since  which  the  present  rule  had 
been  adopted. 

The  prison  bell  rang  in  the  morning,  about  half  an  hour 
before  day-light,  when  the  turnkey  opened  the  door  of  every 
cell,  and  ordered  the  inmate  to  get  up  and  fold  his  bed. — 
There  was  but  one  way  of  doing  the  latter,  and  the  least 
deviation  possible  subjected  the  blunderer  to  a  repetition  of 
his  work.  I  folded  my  blanket  and  rug  at  least  a  dozen  times 
before  I  learned  how  to  do  it  "just  right,"  as  the  turnkey 
expressed  himself.  Every  prisoner  was  likewise  required  to 
holy-stone  and  brush  out  his  own  cell.  We  breakfasted  at  8 
o'clock,  dined  at  12,  and  supped  at  4.  AVhen  the  bell  rang 
for  our  meals,  we  were  required  to  form  in  a  line,  each  man 
carrying  his  tin  dish,  and  march  in  due  order  to  an  aperture 
in  the  wall,  through  which  our  separate  allowances  were 
handed  us;  but  being  in  a  ward  by  ourselves,  and  state  prison- 
ers, this  ceremony  was,  after  the  first  day  or  two,  dispensed 
with.  Oat-meal  gruel  was  the  usual  breakfast  and  supper, 
with  a  small  allowance  of  bread,  so  called;  but  it  had  none  of 
the  usual  qualities  of  that  article.  The  board  of  magistrates 
which  controlled  the  prison  was  kind  enough  to  allow  us  a 
pint  of  milk  for  breakfast  in  lieu  of  the  gruel.  Dinner  con- 
sisted of  a  pint  of  soup  one  day,  and  a  pound  of  vegetables 
and  two  ounces  of  bacon  the  next.  The  latter  was  of  course 
preferred,  and  it  was  not  unusual  to  hear  some  of  our  number 
say,  "  How  glad  I  am  this  is  not  soup-day J*^  A  person  unac- 
customed to  the  sea  is  certain  to  have  a  keen  appetite  at  the 
end  of  a  voyage.  The  sight  of  land  begets  a  desire  to  devour 
some  of  its  fruits,  without  a  mixture  of  salt  water; — more 
especially  when  one  has  been  starving  upon  mouldy  biscuit 
and  salt  pork  for  a  few  weeks.  There  was  not  one  of  our 
party  who  did  not  complain  of  hunger  immediately  after 
dinner. 

The  Sunday  after  our  arrival  we  attended  chapel.    This 
9 


i\ 


130 


NOTES  OF  AN  EXILE,  ON  CANADA, 


was  a  large  apartment,  capable  of  accommodating  several 
hundred  persons.  The  female  prisoners  were  hidden  from 
our  view  by  a  screen;  but  their  voices,  when  they  chanted 
the  service,  satisfied  me  that  they  were  a  set  of  termagants, 
and  cured  me  of  any  desire  to  take  a  [)ee})  behind  the  curtain. 
The  service  was,  however,  well  conducted;  and  the  sermon 
— by  the  excellent  clergyman  before  referred  to — appropri- 
ate to  the  condition  of  the  prisoners. 

We  lost  no  time  in  writing  to  some  of  the  most  influential 
reformers  of  the  country,  setting  forth  the  pcculia.  circum- 
stances under  which  we  had  been  transported,  and  as.king  if 
something  could  not  be  done  to  test  the  legality  of  the  pro- 
ceedings. It  afterwards  appeared  that,  previous  to  the  re- 
ceipt of  our  letters,  the  parties  addressed  and  others  had 
formed  an  association  for  the  purpose  of  investigating  our 
cases,  and,  if  practicable,  delivering  us  from  bondage. 

Mr,  Walker,  clerk  of  W.  H,  Ashurst,  Esq.,  solicitor, 
London,  came  down  to  obtain  the  necessary  information,  and 
he  was  soon  followed  by  John  Arthur  Roebuck,  Esq.,  M.  P. 
The  result  was  a  determination  to  remove  twelve  of  our 
number  to  London,  under  writs  of  habeas  corpus  in  her 
Majesty's  court  of  Queen's  Bench.  To  my  inexpressible  joy 
I  found  my  own  name  among  the  twelve;  and  the  anxiety 
and  excitement  which  I  experienced  in  consequence  formed 
a  striking  contrast  to  the  apathy  and  indifference  with  regard 
to  life  felt  for  many  months  previous.  Those  of  our  number 
who  were  not  included  felt  dissatisfied  with  the  arrange- 
ment, as  well  they  might ;  but  I  am  not  warranted  in  saying 
that  blame  could  be  attached  to  any  of  our  party.  It  would 
have  greatly  rejoiced  my  heart  if  all  could  have  shared  with 
us  the  same  investigation  of  their  cases.  On  the  4th  of  Jan- 
uary, they  were  sent,  in  irons,  on  board  the  steamship 
"  Meteor"  to  be  conveyed  to  Portsmouth.  Our  parting  was 
a  severe  trial  to  all,  who  were  as  free  from  selfishness  as 
they  should  have  been  upon  such  an  occasion.  On  the  6th 
and  7th  the  poor  fellows  were  nearly  shipwrecked,  in  the 
violent  storm  which  desolated  the  whole  coast  of  England 
and  Ireland;  but,  after  putting  back  to  port  once  or  twice  in 


ENGLAND  AND  VAN  PIEMAN  8  LAND. 


131 


distress,  the  vessel  reached  her  destination,  and  they  were 
placed  on  board  tlie  "  York  Hullc  "  at  that  place.  During 
the  remainder  of  our  stay  at  Liverpool,  we  were  visited  by 
many  persons  of  respcetahility,  by  whom  we  were,  without 
exception,  treated  with  much  kindness.  Their  conduct  con- 
vinced me  that  they  thouj^ht  none  the  less  of  us  on  account 
of  our  bonds,  and  that  they  sincerely  wished  us  a  happy  de- 
liverance therefrom.  While  here,  in  accordance  with  the 
suggestion  of  our  London  friends,  we  demanded  of  the  jailer, 
Mr.  Bachcldor,  a  copy  of  the  warrant  under  which  he  held 
us  in  custody,  which  was  furnished  accordingly.* 

•Province  or  Lowkr  Canada,  (Seal.)  J.  Coi.borne. 

VICTORIA,  hij  the  grace  of  God,  of  the  United  Khijdom  of  Great  Britain  and  Ireland 

Queen,  Dtfendcr  of  t'lr  Faith,  ^c,  ffC, 
To  Digby  B.  Morion,  Master  of  the  banjue,  Captain  Rnn^, — 

Wbtreas,  iiiuler  anrl  liy  ririiie  of  a  fcriain  warrant  of  Iiis  Excellency,  Sir  Gcorga 
Arthur,  K.  C.  11  ,  Lieutenant  flovrrnor  of  our  provinco  oT  Upper  Canada,  and  Maj«r 
General  rouunanding  our  forces  tlicrein,  bearing  dale  uiuler  his  hand  and  teal  tf 
office  at  Toronto,  in  the  said  province  of  Upper  Cannila,  the  fifth  day  of  Norembtr  in 
the  present  year  of  our  Lord,  one  tiiousand  eight  hundred  and  thirly-eiglit,  oiid  in  the 
second  year  of  nur  rei^'n,  Arn  Anderson,  James  Krown,  Randall  Wixon,  Wii!ia« 
Alves,  lloberl  Walker,  Leonard  Watson,  John  Goldsbmy  Parker,  Finlay  Malcolm, 
Paul  Bedford,  Horniio  Hills,  Charles  P.  Walroih,  James  Cemmel,  John  Grant,  John 
James  McNulty,  Samuel  Chandler,  Benjatnin  Wait,  Alexander  McLcod,  James 
\Vagf«ner,  Garret  Van  Camp,  John  Vernon  and  Jacob  Beemer,  severally  indicted  and 
convicted  in  due  course  of  law  in  the  courts  of  the  said  |)rovince  of  Upper  Canada  of 
the  crime  of  high  treason, — and  Linus  Wilson  Miller,  Georg»  Cooley,  William  Rey- 
nelds  and  Norman  Mallory,  in  like  manner  severally  indicied  and  convicted  of 
felony  (a)  and  Rdwin  Merrit  (h)  in  like  manner  indicted  and  canvicted  of  the  crime  of 
murder,  to  all  of  which  said  persons  and  convicts  our  gracious  pardon  hath  been 
extended  upon  condition  nevertheless  that  they  and  each  of  them  be  transported  and 
remain  transported  to  our  penal  colony  of  Van  Dieman's  Land,  for  and  during  the 
period  named  in  the  patents  of  pardon  so  as  aforesaid  granted  to  the  said  cenvicts, 
and  each  of  them  :  and  whereas,  the  said  several  persons  aad  convicts,  are  by  and 
under  a  warrant  in  that  behalf  of  liis  Excellency,  Sir  John  Colborne,  our  adminiatra- 
tor  of  the  government,  of  our  said  province  of  Lower  Canada,  in  thai  behalf,  are 
now  in  the  custody  of  our  sherif  of  the  district  of  Quebec,  in  our  said  province  of 
Lower  Canada,  in  order  to  their  transportation  as  aforesaid:  and  whereas,  we  being 
willing  that  ihe  bodies  of  the  said  Ara  Anderson.  James  Brown,  Randall  Wixon, 
William  Alves,  Robert  Walker,  John  Goldsbury  Parker,  Finlay  Malcolm,  Paul 
Bedford,  Horatio  Hills,  Charles  P.  Walroth,  James  Gemmel.  John  Grant,  John  James 
McNulty,  Samuel  Chandler,  Benjamin  Wait,  Alexander  McLeod,  James  Waggoner, 
Garret  Van  Camp,  John  Vernon,  Jacob  Beemer,  Linus  Wilson  Miller,  George  Cocley, 
Williana  Reynolds,  Norman  Mallory  and  Edwin  Merrit,  and  of  each  and  every  of 

(«)  The  provincial  act  under  which  American  citizens  were  tried  fcr  treasonable  offences 
designated  the  act  as  felony  instead  of  high  treason, 

<i)Nol«anttoQitebec. 


/- 


132 


HOTCS  OF  AN  CXILS|  ON  CANADA, 


v» 

■■>' 
I 

111 


On  the  9th  we  started,  nt  3  o'clock  in   the  morning,  for 
London  by  the  raiUroad  cais;  the  governor  and  two  turn- 

_   I  f^    -    -         .  ...   —  ■  .  _  ^  ■   i\a  ■ 

thtm  now  in  aur  G«mmon  ff\  or  our  district  or  Quebec,  ihould  be  directly  delivered 
te  you  to  be  traiiiported  to  Van  Dieman's  Land,  being  one  of  our  penal  •ettlemente 
and  foreign  potieuiona,  we  hare  by  our  writ  in  that  bebalT,  addressed  te  our  said 
sherif,  lately  coiiiinanded  our  said  sherif  that  he  should  deliver  the  said  Ara  Ander> 
son,  James  Brown,  Randall  Wixon,  William  Alves,  Robert  Walker,  John  Ooldsbury 
Parker,  Finlay  Malcolm,  Paul  Bedrurd,  Horatio  Hills,  Charles  P.  Wolroih,  Jamea 
(lemmel,  John  Grant,  John  Jamea  MoNulty,  Samuel   Chandler,  Benjamin   Wait, 
Alexander   McLeod,   James  Waggoner,   Uiirret    Van   Camp,   John   Vernon,  Jacob 
Beemer,  Linus  Wilson  Miller,  George  Cooley,  William  Reynolds,  Norman  Mallory 
•nd  Edwin  Merrit,  and  each  and  every  of  them,  to  your  custody  without  delay,  to  b« 
transported  as  aforesaid.    We  therefore  command  you  receive  the  said  Ara  An  lerson, 
Jamea  Brown,   Randall  Wixon,   William  Alves,  Robert  Walker,  John  Guldsborj 
Parker,  Finlay  Malcolm,  Paul  Bedford,  Horotio   Hills,  Charles  P.  Walroih,  Jamea 
Uemmel,  John   Grant,  John  James  McNuliy,  Samuel  Chandler,   Benjamin  Wait, 
Alexander  McLeod,  James  Waggoner,  Garret  Van  Camp,  John  Vernon,  Jacob  Bee* 
mer,  Linus  Wilson  Miller,  George  Cooley,  William  Reynolds,  Norman  Mallory  and 
Edwin  Merrit,  and  each  and  every  of  them  from  our  said  sherif  of  our  said  district 
of  Quebec,  and  that  you  do  forthwith  transport  and  convey  or  cHUse  to  be  trsnsporte*! 
and  conveyed  the  said  Ara  Anderson,  James  Brown,  Randall  Wixon,  William  Alves, 
Robert  Walker,  John    Ooldsbury  Parker,   Finlay  Malcolm,  Paul  Bedford,  Horatio 
Hills,  Charles  P.  Walroth,  James  Gemmel,  John  Grant,  John  James  McNulty,  Sam> 
iiel  Chandler,  Benjamin  Wait,  Alexander  McLeod,  James  Waggoner,  Garret  Via 
Camp,  John  Vernon,  Jacob  Beemer,  Linus  Wilson  Miller,  George  Cooley,  WiUiam 
Reynolds,  Norman  Mallory  and  Edwin  Merrit,  and  each  and  every  of  them,  to  such 
part  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  called  England,  as  to  1M 
may  seem  fit,  to  the  end  that  the  8aid  Ara  Anderson,  James  Brown,  Randall  Wixon, 
William   Alves,    Robeit   Walker,   John    Goldsbury   Parker,   Finlay   Malcolm,  Paul 
Bedford,  Horatio  Hills,  Charles  P.  Walroth,  James  Gemmel,  John  Grant,  John  James 
McNulty,  Samuel  Chandler,  Benjamip  Wait,  Alexander  McLeod,  James  Waggoner, 
Garret  Van  Camp,  Joiin  Vernon,  Jacob  Beemer,  Linus  Wilson  Miller,  George  Cooley, 
WiUiam  Reynolds,  Norman  Mallory  and  Edwin  Merrit  may  be  thence  again  trani>> 
ported  to  our  penal  colony  of  Van  Dieman's  Land,  according  to  the  condi'.ion  in  our 
aforesaid  pardons  severally  and  respi^ctively  in  that  behalf  contained,  .  <id  that  you  do 
there  deliver  the  bodies  of  the  said  Ara  Anderson,  James  Brown.  Kandall  Wixon, 
William  Alves,  Robert  Walker,  John  Goldsbury  Parker,  Finlay  Malcolm,  Paul  Bed- 
ford, Horatio  Hills,  Charles  P.  Walroth,  James  Gemmel.  John   Grant,  John  Jamea 
McNulty,  Samuel  Chandler,  Benjamin  Wait,  Alexander  McLeod,  James  Waggoner, 
Garret  Van  Camp,  John  Vernon,  Jacob  Beemer,  Linus  Wilson  Miller,  George  Cooley, 
William  Reynolds, Norman  Mallory  and  Edwin  Merrit,  and  the  body  of  each  and  every 
of  them,  into  the  custody  of  such  person  or  persons  as  may  be  lawfully  authorised  to 
receive  the  same. 
la  testimony  whereof,  we  have  caused  these  our  letters  to  be  made  pateot  aod  the  0«eaC 

Seal  of  our  said  province  of  Lower  Canada  to  be  hereunto  aflixeJ. 
Witness,  our  trusty  and  well-beloved  Sir  John  Colborne,  Knight  Grand  Cross  of  the  moat 

honorable  military  order  of  the  Bath,  and  of  the  Royal  Hanoverian  Guelpbie  Order, 

Cammander  in  Chief  of  our  forces  in  our  province  of  Lower  Canada,  &c.,  Sec,  See. 
Al  our  government  house  io  our  city  of  Montreal,  in  our  said  province  of  Lower  Canada,  Ihfl 

•oventeenth  day  of  Nbvember,  in  the  year  of  our  Lord  one  theusand  eight  hundred  aid 

thirty-eight,  and  ui  the  second  year  of  her  Majesty's  reign. 

B/conaaad,  D.  DALY,  Secretary  of  the  PigjloM. 


EKOLAND  AND  VAN  DIRMAN^S  LAND. 


133 


keys  accompanying  us.  Wo  were  again  hand-cufled  and 
conveyed  in  coaches  to  the  rail-road  depot,  two  and  a  half 
miles  from  prison.  The  city  of  Liverpool  was  lighted  with 
gass,  which  in  brilliancy  far  exceeded  any  other  that  I  had 
ever  seen.  A  pin  might  have  heen  easily  seen  in  any  of  the 
streets  which  we  traversed.  The  streets  were  generally 
wide,  paved  with  stone,  and  very  clean,  and  the  buildings 
superior  in  outward  appearance.  We  occupied  a  car  by  our- 
selves, the  governor  riding  with  us,  and  very  kindly  pointing 
out  every  thing  of  interest  on  the  road.  Passing  rapidly  the 
towns  of  Warrington,  Stafford  and  Wolverhampton,  we  ar- 
rived at  Birmingham  about  noon.  The  country  for  about 
forty  miles  from  Liverpool  appeared  to  be  very  poor  and 
sterile.  The  snow  having  fallen  several  inches  in  depth 
during  the  night,  we  were  delayed  some  time  in  consequence. 
Men  were  busily  employed  in  sweeping  the  rail-road  track. 
We  stopped  at  Birmingham  two  hours,  during  which  the  in- 
habitants, as  usual,  manifested  much  curiosity  to  see  us. 
Being  noted  for  radicalism,  they  were  not  backward  in  show- 
ing their  sympathy  for  our  misfortunes,  and  talked  as  much 
treason  while  we  were  there  as  would  have  insured  the  con- 
viction of  the  reformers  in  both  the  Canadas.  Their  far- 
famed  city  appeared  to  be  all  noise,  smoke,  bustle  and  confu- 
sion; and,  as  one  of  my  companions  remarked,  "If  business 
was  not  done  there,  they  certainly  made  all  the  motions.^' 
Therail-road  buildings,  cars,  engines,  &c.,  of  the  place,  far 
exceeded,  in  magnificence,  any  thing  of  the  kind  in  the 
United  States. 

The  other  towns  on  our  way  generally  looked  somewhat 
ancient.  There  was  something  to  remind  the  beholder,  in 
almost  every  object  of  any  importance,  of  the  days  of  yore. 
Old  castles,  parks  and  villas,  were  ever  and  anon  flitting  past 
us  as  we  swiftly  sped  on.  We  were  occasionally  involved  in 
darkness  in  the  tunnels,  two  of  which  were  nearly  a  mile  in 
length.  In  passing  in  and  out,  the  transition  was  so  sudden 
as  to  bewilder  one's  senses  for  the  moment,  and  when  ths 
trains  met  in  these  immense  caves,  the  reverberations  were 
quite  deafening. 


134 


NOTES  OF  AN  EXILE,  ON  CANADA, 


The  country  for  one  hundred  and  fifty  miles  on  the  road, 
was  apparently  very  rich  and  well  cultivated.  But  the 
farm-houses  and  thatched  cottages  of  the  tenants,  correspond- 
ed well  with  the  well  known  history  of  the  common  people 
of  England.  Every  thing  bespoke  the  opulence  of  the  lord 
who  fattened  on  the  spoils  of  his  vassals.  The  wrongs  of 
the  great  mass  of  England's  population,  many  of  whom 
labor  from  twelve  to  sixteen  hours  each  day  for  a  bare 
pittance,  while  the  profits  of  their  over-taxed  nature  go  to 
support  the  aristocracy  in  their  extravagance,  cry  aloud  to 
heaven  for  redress ;  nor  will  the  wail  of  the  starving  millions 
remain  forever  unheard.  The  retributions  of  an  offended 
Deity  must,  sooner  or  later,  be  visited  upon  the  oppressor. 

We  reached  the  great  metropolis  about  7  o'clock,  P.  M. 
Coaches  were  procured  by  our  keepers,  and  we  were  con- 
veyed through  ctreets  teeming  with  life  and  activity,  though 
but  poorly  lighted  compared  with  those  of  Liverpool,  to  her 
gracious  Majesty'.s  prison  of  Newgate.  The  massive  doors 
were  unbarred  to  welcome  us,  and  we  were  again  buried  in 
a  living  tomb — the  receptacle  of  the  poor,  the  lost,  the  ruin- 
ed, the  doomed  of  earth.  To  pass  so  suddenly  from  the 
bustle  of  life,  the  splendor  and  magnificence  of  the  greatest 
city  in  Europe,  to  the  cold  cells  of  the  accursed  prison,  where 
sighs,  wailings  and  curses  were  so  terribly  blended  together, 
may  be  likened  to  jumping  from  Empyrean  into  the  lowest 
hell. 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


185 


CHAPTER  XV. 


Newgate  Prison. — Treatment. — Tlie  Clinplo>n.— Cliapel.— The  English  Felons.— 
The  Lawyers.— AtteiicUiice  at  tlie  Court  of  Queen's  Bench.— Statue  of  CHARLIf 
First.— Cliarring Cross,— Westminster  Abbey,  its  History, &c.— Statue  of  GeorqB 
Can.m.vg.— lleuiuins  of  Lord  Byron. — Westminster  Huil.--The  Court.— Arguments 
of  the  Counsel,  &.c. 

The  sensations  I  experienced  on  finding  myself  an  inmate 
of  Newgate,  are  indefinable.  In  all  my  youthful  aspirations 
for  fame  and  glory  attendant  on  the  patriot  campaign,  I  had 
never  dreamed  that  such  distinguished  honors  were  to  be 
conferred  upon  me.  I  had,  indeed,  heard  of  the  illustrious 
house  of  Newgate, — and  who  in  the  civilized  world  has  nof? 
— but,  in  the  simplicity  of  my  heart,  never  even  aspired  to  a 
seat  in  it.  I  should  as  soon  have  dreamed  of  being  seated 
upon  the  throne  of  England.  Yet  to  the  humblest  indi- 
vidual dame  Fortune  is  sometimes  prodigal  of  her  favors. 

Our  accommodations  in  this  great  emporium  of  crime  and 
misery  were  decidedly  better  than  at  Liverpool.  We  were 
confined  in  two  large,  airy  rooms  ;  were  allowed  the  privilege 
of  walking  in  the  yard  once  or  twice  a  day,  had  good  rations 
and  comfortable  bedding.  The  officers  of  the  prison  were 
exceedingly  kind  and  obliging,  and  we  were  made  to  feel 
ourselves  quite  at  home.  The  governor,  whose  name  was 
Cope,  was  a  jolly  old  gentleman,  fond  of  fun,  and  always 
wore  a  smile  upon  his  countenance.  The  chaplain  of  the 
prison,  the  Rev.  James  Carver,  was  at  the  first  rather  re- 
served when  he  visited  us ;  but  in  due  time  we  became  better 
acquainted,  and  he  proved  an  excellent  friend.  The  preju- 
dices which  I  had  been  accustomed  to  feel  toward  the  cler- 
gymen of  the  Church  of  England,  gradually  wore  away,  as 
I  had  an  opportunity  of  seeing  and  hearing  them  frequently. 


136 


NOTES  OF  AN  EXILE,  ON  CANADA, 


Their  conversation,  principles,  and  zeal  in  their  calling,  were 
in  general  worthy  of  the  minister  of  the  gospel.  There  can 
be  no  doubt  but  that  within  the  last  half-century,  a  great 
change  has  taken  place  for  the  better  in  the  established 
church,  and  that  true  godliness,  in  the  full  meaning  of  the 
term,  has  increased  an  hundred  fold,  not  only  in  the  cler- 
gymen but  laity.  If  the  reputation  the  former  enjoyed 
abroad  was  just,  there  was  certainly  great  need  of  a  change. 

Prayers  were  read  and  the  Scriptures  expounded  in  the 
prison  chapel,  morning  and  evening,  by  the  reverend  chap- 
lain. The  service,  which  generally  lasted  an  hour,  was  well 
conducted  and  interesting.  The  chapel  was  large  enough  to 
accommodate  one  thousand  persons,  who  were,  of  course, 
prisoners,  and  many  of  them  had  never  been  within  a  chapel 
since  their  christening.  Nine-tenths  of  Mr.  Carver's  congre- 
gation throughout  the  year  are  almost  as  ignorant  of  the 
Bible  as  the  heathen  who  never  heard  of  such  a  book.  Al- 
though a  General  Jail  Delivery  is  held  monthly  at  the  Old 
Bailey,  the  prison  is  generally  full  before  the  sessions  com- 
mence. Those  who  are  convicted  are  immediately  sent  to 
the  penitentiaries  or  hulks^for  transportation,  according  to 
their  respective  sentences ;  and  thus  during  the  six  months 
of  our  stay  in  Newgate,  there  was  a  monthly  change  of  faces 
in  the  chapel.  We  were  seated  by  ourselves  in  the  gallery, 
which  commanded  a  view  of  most  of  the  congregation ;  and 
as  we  were  kept  entirely  distinct  from  the  English  prisoners, 
not  being  allowed  to  speak  to  or  come  in  contact  with  them 
in  any  way, — which,  of  course,  we  had  no  desire  to  do, — this 
was  the  only  opportunity  we  had  of  seeing  those  miserable 
men. 

As  far  as  possible  the  treatment  due  to  state  prisoners 
was  extended  to  us,  and  in  all  the  dealings  of  the  authorities 
with  us,  a  due  regard  to  the  nature  of  our  offences  was  ob- 
served. We  were  informed  that  the  dilapidated  condition  of 
the  old  Tower  of  London  alone  prevented  our  confinement, 
during  our  stay  in  England,  within  its  venerable  walls, 
where  state  prisoners  were  usually  kept  of  yore ;  and  that 
we  were  not  kept  in  Newgate  from  any  wish  on  the  part  of 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


137 


the  government  to  treat  us  as  persons  whose  crimes,  from 
their  moral  turpitude,  degraded  them  in  the  estimation  of  the 
public.  Indeed,  the  inspectors  o£  the  prison  were  directed 
by  the  government,  soon  after  our  arrival,  to  ascertain 
whether  we  were  kept  entirely  distinct  from  the  English 
felons.  We  were  ever  made  to  feel,  in  our  intercourse  with 
the  numerous  strangers  and  friends  who  visited  us,  that  in 
their  estimation  we  were  neither  degraded  or  debased. 

Our  inestimable  friends,  the  lawyers,  were  early  and  con- 
stant in  their  attendance,  inspiring  us  with  their  own  san- 
guine hopes  and  wishes;  and  the  day  of  deliverance  from 
bonds  and  imprisonment  appeared  to  be  near.  Our  hearts 
were  warmed  with  gratitude  toward  them,  and  well  might 
we  feel  thus;  for  in  the  language  of  scripture  v/e  could  say, 
"  We  were  an  hungered,  and  ye  gave  us  meat;  we  were 
athirst,  and  ye  gave  us  drink ;  naked,  and  ye  clothed  us ; 
sick,  and  in  prison,  and  ye  visited  us."  Seldom  has  there 
been  a  more  striking  instance  of  generous  and  disinterested 
cliarity  than  was  exhibited  by  these  men  throughout  the 
whole  anxious  period  of  our  incarceration  in  Newgate,  and 

trust  that  all  our  party  realized  the  obligations  which  can 
iiever  be  canceled  on  our  part. 

On  Monday,  January  14th,  we  all  attended  court,  hand- 
cuffed in  pairs.  •  We  were  driven  in  coaches,  Mr.  Bacheldor 
having  us  in  charge,  through  some  of  the  principal  streets 
in  London,  to  Westminster  Hall,  a  distance  of  nearly  two 
miles.  On  our  way  we  passed  Charring  Cross,  where  we 
saw  the  fine  equestrian  statue  of  Charles  I.,  in  bronze, 
executed  in  1683,  by  Le  Soeur,  for  the  Earl  of  Arundel.  It 
stands  upon  a  stone  pedestal  seventeen  feet  high,  executed 
by  G.  G.  Gibbon.  During  the  civil  wars  this  statue  fell  into 
the  hands  of  Parliament,  who,  desirous  of  removing  every 
vestige  of  the  weak  but  unfortunate  prince  whom  they  had 
sacrificed,  ordered  it  to  be  sold  and  broken  up.  The  pur- 
chaser was  one  John  River,  a  brazier,  who  produced  some 
pieces  of  broken  brass,  &c.,  in  token  of  his  having  complied 
with  the  conditions  of  the  sale ;  and  also  sold  to  the  cavaliers 
handles  of  knives,  forks,  &,c.,  as  made  from  the  statue.    In 


138 


NOTES  OF  AN  EXILE,  ON  CANADA, 


If  J 

I 


this  way  he  deceived  both  the  Parliament  and  loyalists,  for 
he  buried  it  unrautilated ;  and,  at  the  restoration  of  Charles 
II.,  dug  it  up  and  sold  ij  to  the  government,  greatly  to  his 
own  advantage.  Parliament  being  then  as  desirous  of  preserv- 
ing as  they  before  were  of  destroying  it.  It  w^as  long  the 
custom  on  the  29th  May,  the  anniversary  of  the  restoration, 
to  deck  the  statue  with  oaken  boughs. 

Charring  Cross  derives  its  name  from  having  been  ancient- 
ly a  village,  detached  from  London,  called  Charring;  and 
from  a  stately  cross,  erected  by  Edward  I.,  to  commemorate 
his  affection  for  Eleanor,  his  deceased  Queen.  The  cross 
occupied  the  last  spot  on  which  her  body  rested  in  its  pro- 
gress to  sepulture  in  Westminster  Abbey,  where  her  remains 
are  now  interred.  The  other  resting  places  of  her  sumptu- 
ous funeral  were  dignified  with  similar  edifices.  In  1643  it 
was  pulled  down  and  destroyed  by  the  populace  in  their 
zeal  against  superstitious  edifices.  Being  built  of  stone  in 
an  octagonal  form,  had  it  been  left  to  the  mercy  of  old  Time, 
it  would  have  long  graced  the  city  of  London  as  an  ancient 
edifice. 

Westminster  Abbey  stands  on  tlie  opposite  side  of  the  street 
from  the  hall  of  the  same  name;  and  most  ardently  did  I 
desire  to  tread  the  hallowed  precincts  of  that  ancient  and 
venerable  pile,  consecrated  with  the  mortal  remains  of  Eng- 
land's great  and  good  men  for  so  many  centuries.  If  there  is 
a  spot  upon  the  face  of  the  earth  calculated  to  call  forth  the 
best  and  most  exalted  feehngs  of  an  Englishman,  it  is  this. — 
Independent  of  the  use  to  which  it  has  been  appropriated,  its 
history  is  interesting.  The  ground  upon  which  it  stands  was 
anciently  part  of  an  island,  formed  by  a  branch  of  the  river 
Thames,  called  "Isle  of  Thorns,"  from  the  great  number  of 
thorn  shrubs  or  trees  that  grew  upon  it.  King  Sebert  was 
the  original  founder  of  the  Abbey.  In  the  year  605  he  was 
baptized,  and  to  prove  the  sincerity  of  his  conversion,  built  a 
church  here  and  dedicated  it  to  St.  Peter.  Great  pains  have 
been  taken  in  all  the  repairs,  enlargements  and  changes  which 
it  has  undergone,  to  preserve  his  remains  and  those  of  his 
Queen,  Ethelgotha,  and  to  replace  them  in  the  most  honor- 


ENGLAND  AND  YAN  DIEMAn's  LAND. 


139 


able  place  in  it,  on  account  of  his  being  the  original  founder. 
A  singular  fable  was  invented  in  regard  to  its  consecration,  by 
the  monks,  who  pretended  that  thp  ceremony  was  actually 
performed  by  St.  Peter  in  person;  and  toward  the  middle  of 
the  thirteenth  century  the  brethren  of  the  monastery  sued 
the  minister  of  Rotherhite  for  the  tithe  of  salmon  caught  in 
his  parish,  on  the  ground  that  St.  Peter  had  given  them  this 
right  when  he  consecrated  their  church. 

After  the  death  of  Scbcrt  the  church  fell  into  decay,  and 
was  afterwards  restored  by  Otlli,  King  of  Mercia;  but  was 
ag'"".in  almost  destroyed  in  the  course  of  the  Danish  invasions. 
King  Edgar,  at  the  instance  of  St.  Dunstan,  in  the  year  969, 
once  more  restored  it,  and  endowed  it  with  lands  and  privi- 
leges; but  it  was  Edward  the  Confessor  who,  nearly  a  century 
after  this,  raised  it  to  the  consequence  which  it  has  since  that 
time  maintained.  Having  fixed  upon  it  as  his  burial  place, 
this  monarcii  spared  no  pains  to  render  its  structure  the  most 
magnificent  in  his  dominions.  It  was  completed  in  the  year 
1065,  and  on  the  18th  December,  the  day  of  the  Holy  Inno- 
cents, was  dedicated.  About  this  time  the  King  was  taken 
ill  of  a  malady  which  proved  fatal,  and  on  the  12th  January 
his  body  was  interred  with  great  pomp  and  ceremony,  before 
tlie  high  altar.  The  Abbey  has  since  been  the  usual  burial 
place  of  his  royal  successors,  and  of  the  great  statesmen  and 
illustrious  personages.  Here,  also,  on  Christmas  day  the  year 
following,  was  performed  the  coronation  of  William  the  Con- 
queror; and  in  the  same  place  has  been  '  rowned,  with  the 
exception  of  Edward  V.,  every  prince  who  has  reigned  in  Eng- 
land since,  until  a  late  period. 

The  chapel,  dedicated  to  the  Virgin  Mary,  by  Henry  VII., 
toward  the  close  of  the  fifteenth  century,  may  challenge  com- 
petition, in  elegance,  richness  of  ornament,  and  almost  gem- 
like beauty  and  perfection,  with  any  specimen  of  architecture 
in  the  world.  The  eastern  end  is  surrounded  with  chapels, 
twelve  in  number,  all  of  them  being  finished  in  the  most 
magnificent  style.  Here,  also,  is  the  famous  stone,  brought 
from  Scone,  in  Scotland,  by  Edward  I.,  in  1296,  and  upon 
which  the  English  Kings  have  been  since  crowned.    But  the 


140 


NOTES  DP  AN  EXILE,  ON  CANADA, 


greatest  curiosity  and  principal  attraction  to  visitors  in  gene- 
ral, are  the  numerous  tombs,  costly  and  well  executed,  of 
kings,  queens,  nobles,  statesmen,  warriors,  poets,  and  all  the 
most  illustrious  persons  for  ages  past,  who  have  swayed  the 
gceptre  over  and  influenced  the  destinies  of  millions  of  their 
fellow  men  during  the  eventful  period  of  their  respective 
lives.  Can  such  a  field  be  trodden  by  any  reflecting  man, 
with  light  and  careless  footsteps?  He  is  greatly  to  be  pitied, 
if  not,  indeed,  despised,  who  can  wander  over  such  ground 
without  emotion,  or  calling  forth  those  feelings  which  make 
us  wiser  and  better. 

The  colossal  statue  of  George  Canning,  recently  erected  in 
Palace  yard,  is  simple,  but  grand.  The  likeness  is  said  to  be 
excellent.  It  is  placed  on  a  granite  pedestal,  bearing  the  in- 
scription, in  large  letters,  of  that  illustrious  statesman's  name. 

I  can  not  dismiss  this  subject  without  observing,  that  seve- 
ral attempts  have  been  made  to  place  the  remains  of  the  late 
Lord  Byron  in  the  burying  ground  of  the  Abbey,  but  the 
strenuous  opposition  of  the  bishops,  in  the  House  of  Lords, 
has  hitherto  prevented  this  act  of  justice  to  the  memory  of 
that  great  and  talented  man.  The  infidel  principles,  so  un- 
happily introduced  into  some  of  his  poems,  is  the  alleged 
cause  of  this  hostility  on  the  part  of  the  church.  The  last 
effort  made  by  Lord  Byron's  friends,  was,  if  I  mistake  not, 
in  1842,  when  a  discussion,  not  much  to  the  credit  of  the 
bishops  who  opposed  it,  took  place;  two  of  their  number  being 
openly  charged  in  the  house,  by  a  noble  lord,  with  gross  in- 
consistency of  conduct,  inasmuch  as  each  allowed  the  most 
serious  vices  in  his  diocese,  and  it  was  boldly  asserted  that 
one  of  these  gentlemen  owned  several  houses  which  were 
tenanted  by  women  of  ill  fame,  he  receiving  the  rent,  with 
an  insinuation  that  he  enjoyed  a  tithe  of  something  else^ 
Of  the  truth  of  these  charges,  however,  I  profess  to  know 
nothing,  beyond  the  reports  of  the  House  of  Lords  as  they 
appeared  in  the  English  newspapers. 

Westminster  Hall,  in  a  wing  of  which  her  Majesty's  court 
of  Queen's  Bench  is  held,  is  likewise  a  splendid  edifice.  It  is 
in  this  hall  that  the  Kings  and  Queens  of  England  have  been 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


141 


crowned  in  modern  times ;  and  it  is  frequently  used  for  fes- 
tivity on  great  occasions.  It  is  neither  so  ancient  or  costly 
as  the  Abbey,  within  a  few  rods  of  which  it  stands,  but  it  is 
considered  the  largest  and  most  magnificent  hall  in  Europe. 
We  enjoyed  a  very  good  opportunity  of  seeing  it,  having  to 
enter  the  court  through  the  main  hall. 

We  invariably  attracted  a  large  concourse  of  people,  when 
we  entered  or  retired  from  court,  who  manifested  their  sym- 
pathies and  good  wishes  by  cheering  us.  This  amply  repaid 
us  for  all  the  groans  and  hisses  of  the  ragged  Canadians  at 
Montreal,  the  previous  year. 

The  court  room  was  densely  crowded  with  barristers  and 
spectators,  about  150  of  the  former,  dressed  in  their  gowns 
and  wigs,  being  in  attendance.  When  the  judges  entered 
every  person  in  court  arose,  this  being  the  usual  custom,  as 
a  mark  of  respect.  Clothed  in  their  official  robes,  wigs,  &,c., 
their  appearance  on  the  bench  was  somewhat  venerable  and 
imposing,  being  men  of  advanced  age,  and  the  deep  furrows 
upon  their  high  foreheads  indicating  superior  intellect,  culti- 
vated by  the  lucubrations  of  many  years.  Lord  Denman 
presided  as  Chief  Justice;  Mr.  Justice  Williams,  Littledale 
and  Coleridge  took  their  seals  by  his  side.  Mr.  Justice  Hal- 
liburton, Chief  Judge  of  Nova  Scotia,  and  the  author  of  the 
celebrated  and  humorous  Sam  Slick,  Lord  Howick,  Mr. 
Hume,  Mr.  P.  Thomson,  and  other  distinguished  gentlemen 
whose  names  I  did  not  learn,  were  present.  The  Attorney 
General,  Sir  John  Campbell,  a  Scotchman,  the  Solicitor 
General,  Sir  F.  Pollock,  and  Mr.  Wightman  appeared  as 
counsel  for  the  crown,  and  Matthew  Davenport  Hill,  John 
Arthur  Roebuck,  and  Thomas  Falconer,  Esquires,  for  us. 

The  returns  by  the  jailer  of  Liverpool  having  been  read, 
tbe  Attorney  General  stated  that  in  the  course  of  the  dis- 
cussion he  should  feel  it  his  duty  to  draw  the  attention  of 
the  court  to  the  question,  as  to  whether  this  was  a  case  in 
which  there  would  be  a  writ  of  habeas  corpus  issued  in  vaca- 
tion by  a  single  judge  ;  and  the  entire  day  was  accordingly 
takcij  up  by  the  counsel  for  the  crown  in  arguing  the  point; 


142 


NOTES  OF  AN  EXILE,  ON  CANADA, 


evincing  a  determination  to  throw  every  possible  obstacle  in 
the  way  of  a  fair  investigation  of  our  cases. 

On  the  15th  we  again  attended  court.  Lord  Denman, 
after  a  short  consultation  with  his  learned  brothers,  said  they 
had  considered  the  objections  which  had  been  made  yester- 
day as  to  the  return  of  the  writs,  and  they  were  of  opinion 
that  it  was  not  necessary  to  hear  the  arguments  on  the  other 
side ;  for  they  had  decided  to  be  bound  by  a  practice  which 
had  existed  and  been  sanctioned  by  the  courts  for  a  great 
number  of  years.  In  1758  the  question  came  before  the 
judges,  and  indeed  had  been  decided  before  that  time  in 
various  cases.  In  that  year,  however,  a  bill  was  introduced 
into  the  House  of  Lords  to  remedy  some  defects  relative  to 
writs  oHiabeas  corpvs,  <xnd  on  the  point  in  question  seven 
out  of  the  ten  judges  who  were  present  gave  their  opinion 
as  he  (Lord  Denman)  now  stated  it.  Chief  Justice  Wilmot 
at  that  time  observed,  that  at  least  for  80  years  the  practice 
had  been  similar,  and  he  referred  to  cases  of  even  earlier 
date.  He  (Lord  Denman)  and  his  learned  brothers  were 
aware  that  they  had  a  right  to  consider  these  questions,  but 
to  them  it  would  seem  like  tampering  with  the  great  remedy 
which  the  writ  of  habeas  corpus  gave  to  the  subject,  if  they 
were  not  to  abide  by  the  decision  of  the  judges  in  the  case 
he  had  spoken  of,  and  allow  writs  to  be  issued  in  the  vaca- 
tion. At  the  time  to  which  he  referred,  seven  judges  out  of 
ten  had  so  decided  it,  and  although  Mr.  Justice  Foster  was 
prevented  from  attending,  he  was  of  the  same  opinion,  and 
wished  indeed  to  carry  the  writ  of  habeas  corpus  further. 
This  manifested  the  practice  at  that  time,  and  it  had  been 
well  ascertained  since,  and  the  act  alluded  to  being  drop- 
ped, was  another  proof  of  such  opinions  being  well  founded. 

Mr.  Hill  was  then  proceeding  to  address  the  court,  when 
Lord  Denman  inquired  whose  case  he  was  going  to  take  up 
first  ? 

Mr.  Hill  replied,  that  of  Watson  ;  and  he  at  once  would 
move  the  discharge  of  Leonard  Watson,  on  reading  the  return 
now  filed  in  that  court.  This  was  a  case  in  which  the  pris- 
oner was  not  convicted,  nor  stated  to  be  convicted.    It  wa» 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


143 


one  of  a  class  of  which  there  were  nine  persons  ;  and  there 
w^as  another  class,  in  which  there  were  three  persons.     He 
would  confine  his  motion,  however,  to  the  case  of  Leonard 
Watson  ;  and,  although  it  was  the  wish  of  his  learned  friend 
and  himself  to  take  up  as  little  of  the   time  of  the  court  as 
possible,  yet  he  would  guard  himself  against  being  considered 
as  arguing  the  cases  of  all  the  prisoners  in  the  cuse  of  Wat- 
son,  because  it  was  possible  there   might  be  different  argu- 
ments applying  to  the  diiTerent  cases,  although  the  main  one 
would  probably  be  contained  in  this.     Their  lordships  would 
perceive  from  the  return  in  question,  that  a  vessel  appeared 
in  the  port  of  Liverpool — a  private  vessel  commanded  by  a 
private  person,  an<l  containing  a  large  number  of  persons  held 
by  the  master   in  a  state  of  confinement ;   that  the   master 
elected  to  put  those  persons   under  the  custody  of  Mr.  Ba- 
cheldor,  the  jailer  of  Liverpool  ;  that  he  (the  jailer)  elected 
to  receive  them  and  returned  as  the  cause  of  their  detention 
that  he  held  them  for  the  purpose   of  being  ti'ansported  to 
Van  Dieman's  Land  as  soon  as  the  means  were  prepared  for 
their  transportation.     That  was  the  statement  of  facts  as  far 
as  the  jailer  told  them  of  his  own  knowledge.     Under  these 
circumstances  the  prisoners  applied  to  the  judges  for  a  writ  of 
habeas  corpus,  and  a  I'eturn  was  made  which  attempted  to  set 
forth,  as  it  must,  the  cause  of  their  capture  and  detention ; 
that  was  to  say,  it  justified  the  preceding  statement  to  which 
he  had  just  alluded,  and  to  which  he  referred  their  lordships. 
It  had    been  a  subject  of  most  anxious  consideration  with 
his  learned  friends  and  himself  as  to  what  was  the  proper 
course  for  bringing  this  case  before  their  loi'dships;  but  who 
was  the  person  who  made  this  statement  ?    W^as  this  a  matter 
in  which  the  minister  was  a  well-known  public  officer  of 
some  degree]     No:  but  it  was  the  jailer  of  Liverpool  who 
made  this  statement,  a  statement  w^hich  required  the  know- 
ledge of  a  great  number  of  facts,  but  of   which  he  had  no 
cognizance  at  all,  and  to  which  he  bound  himself  on  hearsay 
only,  and  not  by  oath.    Such  a  statement  was  nothing  mor« 
than  a  piece  of  pleading,  and  of  no  more  authority  or  evi- 
dence than  a  mere  pilea  to  detain  or  distress  the  prisoners ; 


« 


144 


170T£S  OF  AN  EXILE,  ON  CANADA, 


and  were  their  lordships  to  be  satisfied  with  such  a  statement 
— to  consider  it,  as  his  learned  friend  (the  Attorney  General) 
had  said  they  were,  as  a  statement  of  what  had  occurred  in 
Upper  or  Lower  Canada,  or  elsewhere ;  or  were  they  to  go 
into  the  real  facts  of  the  case,  and  show  how  repugnant  they 
were,  as  he  believed  they  would  be  found,  to  the  return 
which  had  been  made?     There  were  high  authorities  that 
they  should  do  this,  and  as  it  was  a  principle  of  the  habeas 
corpus  that  the  King  by  his  judges  had  a  right  to  know  when 
any  subject  is  imprisoned,  he  had  a  right  also  to  know  that 
the  judges  had  the  means  of  not  merely  an  unauthenticated 
statement,  but  the  real  facts  of  the  case  laid  before  them. 
And  in  this,  too,  he  might  again  quote  the  authority  of  Mr. 
Justice  Foster  and  other  learned  judges.     This  might  not  be 
unencumbered  with  difficulty,  but  if  ever  there  were  a  neces- 
sity for  such  a  course,  it  was  at  that  moment,  lor  so  bad  did 
the  return  appear  to  him,  both  from  what  it  admitted  and 
what  it  omitted,  that  it  would  be  impossible  to  form  a  correct 
decision  upon  that  alone.     Casting  that  aside,  however,  for 
the  present  moment,  he  would  argue  as  if  the  return  were 
perfect  as  to  the  facts,  according  to  the  legal  principles  of 
the  writ,  and  that  the  jailer's  statement  was  entirely  correct. 
The  first  objection  he  had  to  make  to  the  return  was,  that 
there  was  no  conviction  either  set  forth  or  averred  against 
Watson.     There  was  a  statement  of  his  being  transported  for 
life  to  Van   Dieman's  Land,  but   no   conviction   was  men- 
tioned.    It  was  said  by  the  Attorney  General  that  in  no  case 
was  this  necessary  ;  but  there  must  be  and  was  in  this  some- 
thing equivalent  to   a  conviction  set  forth  in   the   return, 
pursuant  to  the  statute  of  1st   Victoria,  relating  to  Canada, 
which,  after  reciting  that  it  was  an  act  to  enable  the  governor 
of  the  province  to  extend  pardon  in  certain  cases  to  persons 
connected  with  the  late  insurrection,  and  stating  that  it  was 
desirable  to  extend  the  mercy  of  the  Crown  to  certain  per- 
sons who  were  therein  named,  that  on  petition  of  any  person 
charged  with  high  treason  referred  to  the   Lieutenant  Go- 
vernor before  arraignment,  enacted  "  that  it  shall  and  may 
be  lawful  for  the  governor,  if  he  thinks  fit,  to  grant  a  pardon 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


145 


on  such  terras  and  conditions  as  may  appear  right,  ^'hich 
pardon  is  to  be  under  the  great  seal  of  the  provinces,  and  is 
to  have  the  same  effect  as  attainder  as  far  as  is  required  for 
the  forfeiture  of  estate  and  property,  both  real  and  personal." 
Now,  the  return  went  on  to  say  that  the  prisoner  had  peti- 
tioned, and  that  a  pardon  was  granted,  that  pardon  being 
transportation  for  life.  The  Attorney  General  had  argued 
that  that  state  of  things  was  equivalent  to  a  conviction,  but 
then  he  must  show  that  the  conviction  was  necessary.  He 
might  perhaps  be  stating  the  law  against  himself,  when  the 
<wiw*  was  not  on  him  to  do  so;  but  the  Attorney  General 
seemed  to  think  all  had  been  done  that  was  required  by  the 
statute  to  which  he  (Mr.  Hill)  referred,  which  was  the  5th 
of  George  IV.  But  he  submitted  to  their  lordships  that  if 
the  jailer  did  by  right  hold  persons  in  detention,  that  right 
must  have  been  conferred  by  the  imperial  Parliament,  and 
not  by  a  provincial  statute.  Now  the  statute  of  5th  George 
IV.,  as  if  it  contemplated  the  case  of  the  prisoners,  was 
framed  in  a  most  guarded  niranner  to  secure  and  not  invade 
the  liberty  of  the  subject.  He  would  refer  their  lordships 
to  the  5th  of  George  IV.,  c.  84,  s.  17,  which  began  by  recit- 
ing that  "whereas  by  the  laws  in  force  of  some  parts  of  his 
Majesty's  dominions  not  within  the  United  Kingdom,  offen- 
ders convicted  of  certain  offenses  are  liable  to  be  punished 
by  transportation  beyond  the  seas,  and  other  convicts  ad- 
judged to  suffer  death  in  such  parts  of  his  Majesty's  domin- 
ions have  received  or  may  receive  his  Majesty's  most  gra- 
cious pardon  on  condition  of  transportation  beyond  the  seas, 
and  there  may  be  no  means  of  transporting  such  convicts  to 
any  of  the  places  appointed  by  his  Majesty  in  council,  in 
that  behalf,  without  first  sending  them  to  England,  be  it 
therefore  enacted,  that  when  any  convict,  adjudged  to  trans- 
portation by  any  court  or  judge  in  any  part  of  his  Majesty's 
dominions  not  within  the  United  Kingdom,  or  any  convict 
adjudged  to  suffer  death  by  any  such  court  or  judge  be  par- 
doned on  condition  of  transportation,  have  been,  or  shall  be, 
brought  to  England  in  order  to  be  transported,  it  shall  and 

may  be  lawful  to  imprison  any  such  offender  in  any  place  of 

10 


146 


NOTES  OP  AN  EXILE,  ON  CANADA, 


commitment  provided  under  the  authority  of  this  act,  until 
such  convict  shall  be  transported,  or  shall  become  entitled 
to  his  liberty;  and  that  so  soon  as  every  such  convict  shall 
be  so  imprisoned,  all  the  provisions,  rules,  re<5idations, 
clauses,  authorities,  powers,  penalties,  niatleis  aiul  things 
aforesaid,  concernin*^  the  safe  custody,  confinement,  treat- 
ment and  transportation  of  any  olfender  convicted  in  Great 
Britain  shall  extend,  and  bo  rf)nstrued  to  extend,  to  every 
convict  who  niav  bavo  b(^cn,  or  niav  \n;  hereafter,  ad  indited 
to  transportation  by  any  court  or  judt^^o  in  nny  part  of  bi.s 
MajoRty's  dominions  not  within  th(3  United  JvinL'doni,  and  to 
every  convict  adjudijed  by  any  siieh  court  or  jnd,f,'(;  to  suller 
death,  and  j)ardoned,  on  condition  of  transportation,  and 
brought  to  Enuland  in  order  to  bo  transported,  as  fidiy  and 
etfcotually  to  all  intents  and  purposes,  as  if  such  convict  bad 
boon  convicted  and  sentenced  at  any  session  of  jail  delivery, 
holdcn  for  any  county  ■vvilbin  England.''  What  description 
of  persons  did  this  apply  to?  To  convicts,  and  to  convicts 
only.  The  term  "convict"  was  perfectly  well  known  and 
perfectly  defined  in  our  law,  and  yet  by  anticipation,  as  it 
were,  of  some  such  case  as  th(?  present,  the  clause  went  on 
to  sa}%  "(convicted  by  any  court  or  ju(lcre."  The  necessary 
person,  tliorefore,  must  bo  a  convict;  but  presently  be  would 
show  their  lordships  that  that  was  not  the  onlv  condition. — 
But  how  was  it  manifested  that  be  was  a  convict?  Would 
their  lordshii)S  rely  on  his  learned  friend's  saying  he  was 
somcthini^  eciuivalent  to  a  convict?  It  app(\ared  he  was  some- 
thing else,  which  something  else  was  equivalent  to  a  convict, 
and  the  return  clearly  rested  on  that.  But  if  the  case  rested 
there,  it  was  only  made  out  in  the  face  of  all  law,  foi  the  law 
of  England  knew  no  equivalents.  The  person  subject  to  this 
statute  must  be  nothing  greater  nor  less  than  a  convict;  the 
identical  person  must  be  such,  and  whatever  else  he  was  was 
unimportant  if  he  were  not  that.  The  statute  was,  indeed, 
tautological  in  this  respect,  and  hence  in  favor  of  liberty,  and 
said  "convicted  by  any  court  or  judge."  Now  what  court  or 
judge  had  interfered  here?  How  was  this  man  a  convict? — 
And  yet  he  is  sent  here  by  virtue  of  a  proceeding  which  is- 


\ 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


147 


ll 


Mot  complcto  until  your  lordships,  by  a  viirilant  scrutiny,  shall 
havo  cxainiiit'd  it  and  pronounced  it  t<»  ho  so.  Jt  appcjirs  by 
tlic  nMurn  that  tho  prisoner  was  in  j;iil.  It  appears  also  he 
presented  somethini,'  which  the  jailer  calls  a  petition;  that  that 
petition  (rontained  soniethinL^  which  the;  jiiilcr  adjudires  a  con- 
fession of  iriiih,  and  that,  too.  before-  arniiLrmnent,  and  all  care 
is  taken  that  the  ]>risonnr  should  not  bo  seen  in  or  about  a 
court  of  justice  for  atjy  ])nrpo:-fi;  whntever.  AW  ))ublicity  is 
avoided,  and  yc-t  on  this  petition,  and  wluit  is  called  a  confes- 
sion of  .iruilt,  pardon  is  to  be  granted.  All  is  to  be  done  in 
pt'ivjitc^  whilst  the  prisoner  is  not  master  of  his  own  actions. 
But  the  law  is.  that  no  cf»ntraf;t  taken  with  surprise  whilst  the 
party  is  in  |)rison,  is  valid;  and  )'et  here  the  ))etition  must  be 
presented  wliilst  he  ft  in  ])rison,  so  that  the  governor  may 
obtain  what  is  called  his  assent  to  ])unishment  s! ort  of  death; 
that  is  the  benelit  <v)nferred  on  a  )  risouer  by  th  .s  statute.  It 
is  quite  clear  that  any  punishment  short  of  leath  may  be  in* 
dieted,  but  the  punishment  hi  this  caf'o  nrist  necessarily  bo 
only  short  of  death.  If  this  bo  a  pardo.  wo  ni^y  si;*' that 
Lord  W.  Russell  was  partbned,  wdien  he  was  ".ved  from 
bcint^  disemboweled  and  horribly  mutilated,  aiiu  simph'  and 
shortly  executed,  without  any  of  those  <.';w.)rmitics  of  '.nity 
which  the  wisdom  of  our  anc(.'stors  added  to  their  executions. 
Does  the  case  of  the  ]n'isouer  look  like  a  trial  ?  Had  this  man 
any  benefit  of  English  law,  or  law  of  any  civilized  country? 
He  would  madfc  no  political  remarks,  lie  was  there  to  argue 
for  the  prisoner,  liut  as  a  lawyer  ho  would  say,  there  was 
nothing  in  this  case  to  be  ascribed  to  any  judge  or  court  of 
law.  It  was,  indeed,  a  libel  on  a  judge  to  call  the  man  who 
acted  under  the  statute  as  such;  it  was  a  degradation  to  the 
title  to  put  him  on  such  a  fi.  't'ng.  But  if  conviction  were 
necessary,  would  something  equivalent  or  tantamount  to  it  do 
instead?  This  was  a  new  term  in  law%  and  the  liberty  of  the 
subject,  which  ought  to  hf^  extended,  was  to  be  restricted  in 
the  narrowest  terms.  The  writ  of  habeas  corpus  was  only  to 
be  obtained  in  term  time,  or,  if  issued  in  the  vacation,  not 
returnable  in  term.  The  liberty  of  the  subject  was  to  be. 
restricted  whilst  the  liberty  of  punishment  was  to  be  enlarged. 


I 


; 


148 


NOTES  OF  AN  EXILE,  ON  CANADA, 


But  what  remedy  could  a  subject  have,  if  this  equivalent, 
wrong  as  it  was,  were  admitted  l  If  the  pardon  turned  out 
unfounded,  what  was  there  to  bar  him  against  a  fresh  charge  'i 
Try  it  by  any  of  the  legal  incidents,  and  yet  it  would  be 
found  to  answer  to  the  test  of  none.  He  therefore  main- 
tained and  believed  this  was  not  a  conviction. 

His  second  objection  was,  that  there  was  no  judgment  of 
transportation  to  be  found  in  the  return,  nor  averment  of  such 
judgment,  nor  even  hint  of  it.  It  was  well  known,  and  it 
was  an  old  English  principle  of  our  law,  and  for  this  he 
might  run  back  for  example  to  the  antiquarian  supporters  of 
our  liberties  to  satisfy  his  learned  friend — it  was  one  of  the 
most  ancient  principles  that  no  man  could  suffer  punishment 
by  his  own  consent  or  contract.  Lord  Hobart  had  not  only 
so  laid  it  down,  but  continued  that  throughout  the  world  it 
would  be  found  to  be  acknowledged  that  no  man  in  prison 
consenting  to  be  hanged  could  remove  the  guilt  from  a  person 
unauthorized  performing  such  ?n  execution.  The  principle 
was  as  well  understood  as  the  principle  of  commutation  of 
punishment  adopted  in  our  law.  The  King  would  have  a 
right  to  execute  for  treason,  but  no  right  to  commute  the  pu- 
nishment of  treason  to  transportation ;  and,  therefore,  in  the 
slow  advancing  lenity  of  our  law  in  commuting  the  punish- 
ment of  death  to  imprisonment  or  transportation,  it  became 
necessary  to  give  an  independent  authority  for  it,  and  to 
state  by  whom  that  power  and  to  what  extent  it  was  to  be 
exercised.  If,  then,  these  prisoners  were  legally  convicted 
of  treason,  the  second  part  of  the  statute  of  the  5th  of 
George  IV.,  independent  of  the  first,  must  prevail;  for 
although  it  may  not  be  adverse  to  the  wishes  of  the  prisoner 
to  change  the  punishment,  yet  there  must  be  a  power  inde- 
pendent of  him,  not  derived  from  him,  in  order  to  effect  it. 
That  was  his  second  objection.  But  had  the  governor  any 
legal  power  to  award  transportation  ?  His  humble  proposi- 
tion was,  there  was  no  proof,  and  he  believed  the  contrary 
to  be  the  lact  that  the  governor  had  such  power.  If  he  had 
any,  it  was  from  a  provincial  statute.  That  was  clear.  If 
he  had  it  at  all,  it  was  by  letters  patent.    But  this  was  not 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


149 


valent, 
led  out 
harge  1 
»uld  be 
I  main- 

aent  of 

of  such 

and  it 

this  he 

rters  of 

of  the 

shment 

ot  only 

^orld  it 

prison 

person 

•inciple 

ition  of 

have  a 

the  pu- 

,  in  the 

lunish- 

Decame 

and  to 

i  to  be 

nvicted 

5th  of 

il ;   for 

risoner 

r  inde- 

fect  it. 

or  any 

roposi- 

)ntrary 

he  had 

ar.     If 

ras  not 


set  out.  The  court  were  aware  that  by  an  old  statute  of 
Henry  VIII.  the  power  of  pardoning  is  incommunicable,  and 
it  has  been  considered  somewhat  doubtful  (but  he  would  not 
controvert  the  idea  then)  whether  in  a  colony  the  King  could 
communicate  it  either,  and  if  so,  it  could  only  be  by  letters 
patent  from  himself.  Now,  the  jailer  was  not  an  officer 
whose  power  had  been  so  defined  by  law  ;  but  he  was  an 
attorney  of  the  King,  exercising  certain  powers  of  the  King, 
and  the  letters  patent  are  his  power  of  attorney,  and  they 
will  extend  from  the  beginning  to  the  end  of  his  authority. 
Where  one  governor  has  great  power,  another  has  but  little 
authority.  The  governor  of  India,  for  example,  had  great 
powers,  whilst  the  governor  of  St.  Domingo  was  much  re- 
stricted ;  and  the  powers  varied  according  to  their  constitu- 
tion, being  different  in  the  chartered  colonics  from  the  old 
proprietary  ones.  Their  lordships  must  look,  moreover,  to 
tlie  statute  for  the  powers  of  the  governor;  for  a  question 
ai'ose  in  what  cases  the  governor  had  power  by  the  consent 
of  the  provincial  Parliament,  and  not  conferred  by  the  CroAvn. 
Now,  the  pardon  was  to  be  granted  only  when  the  governor 
thought  proper;  but,  without  considering  the  meaning  of 
tliat  phrase,  he  would  ask  whether  such  power  could  be  con- 
ferred in  such  a  manner  as  he  had  just  referred  to.  The 
words  "  on  certain  conditions  "  were  parenthetic,  and  con- 
ferred upon  the  governor  a  power  to  invent  any  punishment 
he  pleased.  Suppose  he  considered  that  the  governor  could 
not  inflict  death,  the  simple  punishment  ot  death,  were  these 
words  then  to  invest  the  governor  of  Upper  Canada  with  a 
power  which  our  Kings  in  the  worst  times  of  our  legislation 
could  not  have  exercised  ?  Is  he  to  say,  "  I  grant  you, 
Leonard  Watson,  pardon,  on  condition  that  you  submit  to 
tlie  punishment  which  is  awarded  in  cases  of  assault  within 
the  precincts  of  a  royal  palace,  viz.,  having  your  right 
hand  cut  off?"  What  was  there  to  limit  him  from  this*? 
If  he  had  the  power  of  transporting  for  life,  as  exercised  in 
the  present  case,  why  should  he  not  have  power  also  to  say, 
'*I  grant  you  pardon,  on  condition  of  your  submitting  to  the 
rack  for  a  great  number  of  hours  1 "    Why  might  he  not 


150 


KOTES  OF  AN  EXILE,  ON  CANADA, 


exhaust  his  ingenuity  in  inventing  different  kinds  of  punish- 
ment, all  within  the  compass  of  this  act,  if  he  were  invested 
with  any  power  at  all]  How  was  this  attempted  to  be 
proved  by  those  who  framed  the  return  1  There  was  (and 
he  Wfis  happy  in  being  able  to  say  so)  an  averment  in  it  that 
the  prisoner  had  assented  to  the  pardon;  but  it  showed  that 
the  governor  rested  on  the  contract  or  consent  of  the  pri- 
soner, and  that  he  believed  was  the  construction  of  the  act. 
But  if  you  find  it  de^^endent  on  the  contract  or  consent  of  the 
parties,  then  must  you  find  it  illegal.  His  learned  friend  was 
in  this  dilemma  —  either  he  must  state  that  within  this  gene- 
ral power  the  governor  has  a  right  (whatever  the  prisoner 
has  done)  to  invent  and  apply  upon  any  prisoner  "  as  he 
thinks  fit,"  or,  if  he  sits  easier  on  the  other  horn  of  the 
dilemma,  that  the  governor  has  not  forced  a  pardon  on  the 
prisoner,  but  that  the  prisoner  accepted  it,  and  is  therefore 
stopped  from  complaint.  He  next  submitted  to  their  lord- 
ships, that  even  supposing  there  be  this  power,  and  that  a 
provincial  Parliament  could  confer  sufficient  power  on  the 
governor  to  transport  for  treason,  yet  his  learned  friend  must 
explain  by  what  means  the  governor  had  the  power  of  trans- 
porting beyond  the  limits  of  his  own  province.  If  he  could 
transport  to  Van  Dieman's  Land,  might  he  not  have  a  right 
to  send  them  to  Nova  Scotia,  to  Calcutta,  or  Bermuda? 
Tiiat  question  arose,  and  his  learned  friend  must  not  refer  to 
the  statute  of  the  5th  George  IV.  for  any  authority,  because 
their  lordships  would  perceive  it  clearly  amounted  to  this  — 
that  where  there  was  an  antecedent  power  to  transport  extra 
Jinesy  authority  in  England  shall,  by  aiding  and  assisting,  be 
given  to  carry  such  antecedent  authority  into  effect.  That 
act  assumes  throughout,  as  appears  by  the  recital  of  the  sec- 
tions, that  thefe  is  a  right  to  bring  such  persons  to  England, 
and  that  on  failure  of  such  authority  they  must  be  set  at  liber- 
ty in  England.  There  have  been  cases  in  which  transport- 
ships,  bound  for  New  South  Wales,  have  been  obliged,  by 
stress  of  wind  and  weather,  to  put  into  Van  Dieman's  Land; 
but  in  that  colony  there  was  no  power  or  authority  to  treat 
the  persons  on  board  as  convicts,  and  the  statute  of  George 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


151 


IV.,  and  William  IV.,  was  accordingly  passed,  which,  after 
reciting  the  expediency  of  such  a  measure,  and  providing 
some  remedy,  gives  a  power  to  each  colony  respectively  to 
treat  as  convicts  persons  sent  to  the  others  respectively, 
when  obliged  to  put  in  there  by  any  necessity.  The  next 
objection  was,  that,  assuming  there,  was  legal  authority  t^ 
transport  the  prisoner  at  all,  that  such  transportation  was  not 
legally  conducted.  The  Court  would  refer  to  the  statute  of 
George  IV.  and  William  IV. 

Lord  Denraan. — Vou  cited  only  the  statute  of  George  IV. 
before. 

Mr.  Ilill. — It  was  by  mistake,  and  the  statute  he  i'cf{3rrcd  to 
was  the  statute  of  11  George  I.,  and  1  William  IV.,  c.  31). — 
His  objection  was  that  altliou^di  the  transportation  might  be 
well  begun  there  was  miscarriage  in  the  conduct  of  it.  The 
return  averred  that  in  order  to  carry  the  conditions  of  the 
pardon  into  ellect  it  was  necessary  to  send  tiie  ]n'isoncrs  to 
Quebec  in  Lower  Canada;  then  an  averment  of  such  necessi- 
ty was  made  by  Mr.  Bacheldor,  jailer  of  Liverpool,  which  he 
believed  existed  nowhere  except  in  that  })erson's  own  imagi- 
nation: an('  the  return  further  says,  that  the  governor  of 
Upper  Canada  by  his  authority  and  warrant,  sent  the  prisoners 
into  Lower  Canada — not  to  Quebec,  but  Lower  Canada;  and 
then  all  notice,  all  hint  of  the  authority  of  the  governor  of 
Upper  Canada  is  at  an  end.  Wiiat  that  governor  directed  to 
be  done  with  them  does  not  ap})e[ir.  The  next  statement  in 
the  return  is  that  the  s'overiior  of  Lower  Canada,  without 
any  communication  with  the  governor  of  Upper  Canada, 
without  any  w'arrant  or  knowledge  of  the  subject  of  any  kind, 
then  thought  proper  to  put  the  prisoners  under  the  sherif  of 
Quebec;  and  Mr.  Bacheldor  after  finding  out  the  necessity 
for  this,  then  sees  also  the  necessity  of  sending  them  from 
Quebec  to  England,  there  being  no  direct  means  of  convey- 
ance (said  the  averment)  from  Quebec  to  Van  Dieman's  Land. 
But  he  wished  to  inquire  by  what  authority  the  governor  of 
Lower  Canada  acted  thus,  and  whether  he  had  done  so  by 
the  law  of  England,  for  no  other  was  set  forth.  The  govern- 
or (Sir  J.  Colborne)  then  issues  an  order  to  the  master  of  a 


152 


NOTES  OF  AN  EXILE,  ON  CANADA, 


i 


private  barque  (a  Captain  Ross)  to  receive  the  prisoners  on 
i)oard  and  take  them  to  such  part  of  England  as  to  her  Ma- 
jesty the  Queen  seemed  fit.  He  would  ask  his  learned  friend 
how  he  justified  such  interference?  Nay,  he  must  go  farther 
and  justify  the  authority  mentioned  in  the  return,  the  supposed 
necessity.  First  of  all  was  there  any  necessity  \\c\\  alleged 
by  any  person?  No;  or  if  it  were  legal  in  the  governor  of 
Upper  Canada  to  send  the  prisoners  to  England,  has  his  war- 
rant authority  and  power  in  Lower  Canada?  No  such  thing; 
but  the  governor  of  Lower  Canada  immediately  takes  him  up 
on  his  own  warrant.  Could  a  private  individual  have  done  so? 
If  not,  how  is  a  governor  distinguished?  Could  not  the  go- 
vernor of  Nova  Scotia  have  done  so  if  the  governor  of  Lower 
Canada  had  such  authority?  The  averment  of  the  necessity 
to  carry  the  prisoner  from  plaice  to  j)lace  might  have  justified 
his  being  carried  by  stress  of  weather  over  half  the  globe. 
By  what  rules  were  they  to  test  it?  Within  what  hmits  to 
restrict  it?  Their  lordships  would  perceive  it  was  only  a 
matter  of  convenience.  If  a  ship  came  from  Quebec  to  Eng- 
land, it  might  have  gone,  ii  directed,  to  Van  Dicman's  Land; 
so  that  the  transit  of  the  prisoners  might  have  been  altered 
by  any  pcr<!on  as  utter  a  stranger  to  any  authority  in  Upper 
Canada,  as  the  governor  of  Ceylon  or  any  other  distant  place. 
To  the  prisoner,  Watson,  this  was  not  so  imjjortant,  but  to 
some  of  the  others  it  was,  as  they  were  transported  only  for 
fourteen  years,  to  be  dated  from  their  arrival  in  Van  Dieman's 
Land,  and  therefore  the  term  of  their  transportation  was 
lengthened.  Did  Bacheldor  know  the  necessity  which  he 
averred?  Did  her  Majesty  sign  any  paper,  or  do  more  than 
revolve  this  matter  in  her  own  mind  as  to  directing  to  what 
])art  of  England  the  prisonei-s  should  be  taken?  Was  there 
any  royal  document  under  any  seal,  signed  by  any  minister  or 
office  of  responsibility  ? — This  brought  him  to  the  last  objec- 
tion— that  none  of  the  documents  or  averments  are  set  forth 
in  the  return  (as  they  ought  to  be)  so  as  to  answer  the  exigen- 
cies of  the  case.  Surely  their  lordships  would  not  take  the 
facts  as  they  were  stated,  and  that,  too,  on  the  evidence  of 
Bacheldor.    The  documents  must  of  necessity  be  set  forth; 


i  i 


ENGLAND  AND  VAN  DIBMAN's  LAND. 


153 


I 


no  general  averment  would  do;  but  the  facts  must  bo  clearly 
and  fully  stated.  He  would  just  call  their  lordships'  attention 
to  tlie  first  averment.  It  was  said  the  prisoner  petitioned  the 
governor.  Should  not  that  petition  be  set  forth?  Was  it 
enough  to  be  told  by  any  person  (particularly  one  3,000  miles 
from  Canada)  of  such  a  fact  ?  But  it  was  also  said  that  tho 
petition  was  a  confession  of  guilt;  guilt  of  what  even  their 
lordships  were  not  informed.  They  knew  generally  it  was 
treason,  but  not  the  species.  Let  their  lordships,  too,  as  to 
the  confession  of  guilt,  draw  inferences  for  themselves.  It  was 
said  the  ])risoners  assented;  but  how; — by  words,  by  writing, 
or  in  what  other  manner?  All  this  he  apprehended  should  bo 
set  forth.  He  might  admit,  without  injury  to  his  clients,  that 
the  court  would  give  credit  to  this  conviction  when  properly 
averred  and  set  forth  in  the  return.  Iiut  the  return  was  de- 
fective. Now  there  was  a  case  in  which  the  judges  had  spo- 
ken emphatically,  and  which  applied  to  the  present  instance; 
it  was  tiiat  of  "  the  King  v.  Clerk,"  Salkeld's  Reports,  p.  349, 
in  the  reign  of  William  III.  In  that  case  a  writ  of  habeas 
corpus  was  directed  to  the  keeper  of  Newgate  for  the  body 
of  Clerk,  and  he  returned  answer,  there  was  a  corporation  of 
London  and  court  of  Aldermen,  and,  refusing  the  writ,  the 
court  committed  him  for  not  taking  on  himself  the  office  of 
liveryman.  The  decision  was  this,  "That  when  a  commit- 
ment is  in  court  to  a  proper  officer  then  present,  there  is  no 
warrant  of  commitment,  and  therefore  he  can  not  return  a 
warrant  in  heec  verba,  but  must  return  the  truth  of  the  whole 
matter  under  the  j^eril  of  an  action;  but  if  he  be  committed 
by  one  that  is  not  an  officer,  as  in  this  case,  there  must  be  a 
warrant  in  writing,  and  when  there  is  one  it  must  be  returned, 
for  otherwise  it  would  be  in  the  power  of  the  jailer  to  alter 
tlic  case  of  the  prisoner,  and  make  it  either  better  or  worse 
than  it  is  in  the  warrant,  and  if  he  may  take  upon  him  to 
return  what  he  will  he  makes  himself  judge,  whereas  the  court 
ought  to  judge,  and  that  upon  the  warrant  itself"  What  a 
delusion  would  it  be — what  a  mockery  were  it  otherwise  !— 
As  was  said  by  Mr.  Justice  Foster,  it  would  be  giving  chil- 
dren baubles  when  they  asked  for  bread,  to  grant  a  habeat 


154 


NOTES  OF  AN  EXILE,  ON  CANADA, 


corpus  writ,  and  then  take  judgment  of  the  jailer  of  Liverpool 
as  to  wiiat  was  contained  in  the  warrant  or  the  documents 
referred  to  in  the  warrant,  lie  was  prepared  to  show  (if  per- 
mitted) that  tlie  jailer  gave  in  a  warrant,  saying  it  was  the 
only  one  he  had,  but  it  did  not  ajjpear  now  what  that  warrant 
was. 

Lord  Denman  observed  that  it  was  useless  to  go  into  that 
m  atter. 

Mr.  Hill  thought  this  was  an  exception  to  the  rule.  By  the 
habeas  corpus  act,  the  jailer  was  bound  to  give  to  any  party 
in  prison  a})plying  for  it  a  warrant.  It  was  not  stated  in  the 
act  what  was  to  be  done  with  it;  but  it  would  bo  useless  to 
give  it  if  it  were  not  to  show  it.  Sir  Samucd  lloinilly,  than 
whom  there  never  was  a  sounder  constitutional  lawyer,  in 
Croley's  case  had  s})oken  of  the  great  advantage  of  the  habeas 
corpus  act,  but  said  it  conferred  no  new  rights,  but  insured 
old  ones,  and  imposed  on  all  concerned  the  necessity  of 
doing  their  duty.  Judges  were  even  liable  to  a  fine  of  5001. 
for  neglecting  their  oflice  in  the  matter.  Jailers  and  all 
other  persons  were  peremptorily  required  to  obey  the  writ 
of  habeas  corpus;  and  the  return  was  to  be  made  immediate; 
because  the  return  had  suffered  not  so  much  from  a  refusal 
of  habeas  corpus,  for  he  <lid  not  recollect  that  in  the  worst 
times  such  an  application  had  ever  been  made  as  was  yester- 
day made  by  the  Attorney  General,  to  narrow  the  writ  of 
habeas  corpus;  but  it  attempted  to  defraud  the  subject  of  his 
liberty  in  another  way;  and  that  was  to  make  the  writ  of  no 
use  when  granted.  Therefore  it  was  sometimes  made  return- 
able at  a  long  period,  and  at  other  times  it  was  evaded  in 
different  ways,  and  he  therefore  agreed  with  Sir  Samuel  Ro- 
milly  in  thinking  that  the  habeas  corpus  act  was  passed  not 
so  much  for  giving  an  essential  remedy  against  oppression 
as  for  completing  and  making  perfect  t'  2  remedy  which 
existed  in  the  common  law.  When,  therefore,  he  found  that 
in  pursuance  of  the  provisions  of  that  act,  it  was  made  im- 
perative on  the  jailer  to  deliver  a  copy  of  the  warrant  of 
commitment  of  the  prisoner,  he  was  led  to  conclude  that  a 


ENGLAND  AND  VAN  DIEMAN'S  LAND. 


155 


copy  of  the  warrant  had  been  brought  under  the  notice  of 
the  court,  if  not  set  out  in  ipsissimts  verbis  in  the  return. 

Lord  Denman  did  not  snv  it  was  not  before  the  court,  but 
it  was  not  competent  for  the  learned  counsel  to  travel  out 
of  the  return  in  the  present  stage  of  the  argument. 

Mr.  Hill  said,  thai  on  the  return  there  he  had  expected 
to  see  some  aulliorily  stated,  by  which  the  jailrr  conceived 
he  was  justified  in  keeping  the  prisoner  in  conlinement.  He 
would  not  apologise  to  their  lordships  for  the  length  of  time 
during  which  he  had  accu})ied  the  attention  of  the  court, 
because  the  case  intrusted  to  his  care  was  one  of  momentous 
interest.  He  knew  tliat  able  men  might  have  said  more  in 
less  time,  Init  he  trusted  he  had  discharged  the  duty  he  was 
called  on  to  perform  with  determination,  dilligence  and  zeal. 
The  prisoner  for  whom  he  appeared,  had  a  right,  whatever 
his  conduct  might  have  been,  to  all  the  privileges  of  a  British 
subject  Though  born  abroad  he  was  a  British  subject.  If 
a  Hindoo,  or  a  black  inhabitant  of  New  South  Wales,  he 
would  still  be  a  British  su!)ject,  and  entitled  to  have  his 
liberty  as  much  ret^pectcd  as  the  highest  subject  in  the 
realm. 

Mr.  Roebuck,  who  also  appeared  for  the  prisoner  Watson, 
as  well  as  for  all  the  other  prisoners,  said  that  he  must  con- 
gratulate his  client,  and  he  must  also  congratulate  the  people 
of  this  country,  that  after  a1)out  a  year's  imprisonment,  the 
prisoner,  now  in  court,  had  been  enabled  to  see  the  face  of 
a  judge.  It  was  supposed  that  by  the  peculiar  character  of 
the  English  law,  every  man,  upon  incarceration,  was  entitled 
to  be  brought  to  trial  at  the  earliest  possible  opportunity, 
and  that  he  was  protected  against  being  punished  without 
trial,  without  a  hearing  by  himself  or  counsel,  without  an 
opportunity  of  producing  witnesses  in  his  behalf,  and  with- 
out the  sentence  of  a  judge.  But  in  the  present  case,  they 
had  a  man  punished,  after  one  year's  imprisonment,  without 
seeing  a  judge,  without  a  sentence  of  a  court,  without  a  trial, 
and  even  without  arraignment.  And  how  did  it  happen  that 
they  had  become  aware  of  these  extraordinary  circumstances'? 
Because  by  a  fortunate  chance  for  the  prisoner,  he  had  been 


156 


NOTES  OF  AN  EXILE,  ON  CANADA, 


brought  to  this  country,  where  he  might  be  reached  by  the 
arm  of  the  law,  and  not  submitted  to  the  tender  mercies  of 
colonial  administration.  The  man  was  in  that  court;  ho 
cried  out  to  their  lordships,  "  I  am  a  prisoner  without  trial ; 
I  am  brought  to  this  country  without  law ;  I  want  you  to  tell 
me  why  I  am  detained."  Thus  the  prisoner  stood  before 
tJiem,  and  he  (Mr.  Roebuck)  asked,  most  humbly,  but  at 
the  same  time  with  a  great  desire  to  impress  on  their  lord- 
ships the  importance  of  the  question,  what  was  it  their  duty 
to  do  under  the  circumstances  1  for  when  their  lordships' 
duty  came  to  be  investigated  would  be  found  out  the  best 
means  of  relieving  the  prisoner.  He  was  imprisoned  ille- 
gally ;  he  had  been  brought  from  a  part  of  the  British  domin- 
ions abroad,  against  his  will,  and  not  only  against  his  will, 
but  against  the  law.  The  jailer  who  detained  the  prisoner 
was  asked  upon  what  authority  he  acted.  Now  it  happened 
in  most  cases  that  the  party  detaining  another  really  did  not 
know  of  his  own  knowledge  the  cause  of  detention.  But 
was  the  law  so  careless,  so  thoughtless  of  the  liberty,  happi- 
ness, and  lives  of  the  subjects  of  this  realm,  as  to  leave  it  to 
a  low  functionary  to  determine  whether  or  not  a  man  should 
be  detained  and  punished  by  transportation  lor  life?  No 
such  thing.  The  law  was  not  so  regardless  of  the  interests 
of  the  subjects  of  the  Crown,  at  least  in  this  country,  though 
it  seemed  to  be  in  the  country  from  which  the  prisoner  had 
come ;  but  there  the  law  was  beaten  down.  It  was  said — 
inter  anna  silent  leges  ;  and  silent  indeed  were  they  in  the 
colony  to  which  he  alluded.  But  in  England  the  law  sur- 
rounded the  subject  with  safeguards.  When  a  man  appears 
on  the  British  soil  detained  by  another,  upon  the  pretence 
that  that  detention  is  in  execution  of  the  law,  there  must 
have  been  gone  through  a  set  ol  vital  forms,  which  would 
gatisfactorily  prove  to  their  lordships'  minds  that  the  man 
was  legally  detained.  Had  they  any  forms  in  this  case  1 
Was  there  a  shadow  of  a  form  1  Not  one.  There  was  not 
the  deliverance  of  a  single  document,  nor  even  the  pretended 
copy  of  a  warrant  Their  lordships  had  alone  before  them— 
and  that  even  not  on  oath— the  assertion  of  the  jailer  at  Liv- 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


157 


erpool,  who  stated  a  certain  number  of  facts,  without  ex- 
plaining how  they  came  to  his  knowledge.     He  wished  their 
lordships  not  to  suppose  that  he  was  going  into  a  description 
of  the  situation  of  the  country  from  which  the  prisoner  had 
come,  but  he  entreated  them  not  to  allow  their  minds  to  be 
influenced  by  the  continuous  outpour  of  abuse  which  had  in 
every  shape  been  directed  against  the  parties  now  before  the 
court.     Pamphlets,  books  and  newspapers  had   been  pub- 
lished to  piove  their  guilt;  but  now  it  belonged  to  a  legal 
tribunal  to  say  whether  they  were  guilty  or  not.     He  knew 
it  had  been  laid  down  as  a  general  proposition  of  the  law  of 
England,  that  if  there  appeared  before  the  court  a  sentence 
of  imprisonment,  given  by  a  competent  tribunal  of  jurisdic- 
tion, the  court  would  then  suppose  that  all  the  necessary 
legal  steps  had  been  taken  before  that  sentence  was  awarded. 
In   the    present    case    did  there   exist    a   sentence  of    any 
competent  tribunal]     This  could  not  be  established  by  the 
mere  simple  statement  of  an  individual,  but  by  certain  legal 
evidence  requisite  to  prove  that  the  prisoner  had  been  legally 
convicted.     What  document  was   there   before  the  courf? 
The  return  of  the  writ  of  habeas  corpus  made  by  the  jailer  at 
Liverpool,  and  that  writ  originated  in  this  way: — A  certain 
number  of  men  appeared  in  this  country,  detained  forcibly. 
Prima  facie  that  was  necessarily  illegal.     Supposing  they 
had  come  from  Japan,  they  could  not  have  been  detained  an 
hour.     If,  therefore,  these  men  were  to  be  detained  at  all,  it 
must  be  by  the  law  of  England.     What,  then,  was  the  law] 
It  was  this — that  if  men  were  brought  from  our  colonies  in  a 
state  of  detention,  it  must  distinctly  appear,  or  their  deten- 
tion would  be  illegal,  that  they  had  there  been  convicted  by 
a  court  of  justice,  and  adjudged  to  transportation.     Both  of 
these  conditions  were  essentially  requisite  ;  it  not  being  suffi- 
cient that  the  party  should  be  convicted  merely,  but  it  being 
also  necessary  that  he  should  be  convicted  of  an  offense  for 
which  the  punishment  of  transportation  should  be  awarded. 
He  objected  to  the  return  in  the  present  instance  on  two 
grounds, — first,  on  account  of  its  affirmative  propositions, 
because  what  it  affirrged  was  sufficient  to  prove  that  the  re- 


158 


NOTES  OP  AN  EXILE,  ON  CANADA, 


turn  was  improper  ;  and  he  also  objected  to  it  on  account  ot 
its  negative  quality,  because  of  its  insufficiency  in  omitting 
to  set  forth  certain  things  which  ought  to  have  been  stated, 
no  cause  appearing  on  the  face  of  the  return  for  the  deten- 
tion of  the  prisoners.     With   respect  to  the  first  objection, 
the  return  affirmed  that  there  was  an  act  of  the  Leirislature 
of  Upper  Canada  containing  certain  provisions,  among  which 
was  that  making  it  lawful,  in  the  event  of  any  one  charged 
with  high  treason  committed  in  that  province  confessing  his 
crime,  and  petitioning  for  mercy  before  arraignment,  for  the 
lord-lieuteniint   of  the    province,   with   the    consent   of  the 
Executive  Council,  to  grant  a  par  Jon  ;  which  being  granted 
under  the  great  seal  of  the  province,  should — he  begged  the 
attention  to  what  followed — should   have  the   same  effect  as 
the  attainder  of  the  person  therein  named  for   the   crime  of 
*  high   treason,  so  far  as   regarded  the  forfeiture  of  his  estate 
and  property,  real  and  personal.     It  was  not  an  act  of  at- 
tainder in  etlect,  except  as  respected  the  forfeiture  of  pro- 
perty.    Not  having  an  opportunity  of  making  references,  he 
was  not  at  the  present  mtnnent  able  to  state  how  far  this  act 
was  in  consistence  with   the  general  law  of  Uj)per  Canada, 
but  he  was  able  to  show  what  the  law  of  Eno-lanrl  as  recrard- 
ed  Upper  Canada  was,  and  until   it  was  shown  that   the  law 
of  Upper  Canada  was  changed  by  an  English  act  of  Parlia- 
ment, he   was  bound  to   suppose  that  the  English  law  was 
there  in  force.     The   14th  George  III.,  c.  83,  set  forth  tnat 
whereas  the  benefits  of  the  criminal  law  of  England   having 
been  felt  by  the  inhabitants  of  Canada  for  nine  years,  during 
which  it  had  been  administered,  it  was   expedient  that  the 
same  should  continue  to  be  uniformly  administered,  and  ob- 
served  as  the  law  of  Quebec,  which   at  that  time   included 
both  the  Upper  and  the  Lower  Canadas,  as  w^ell  in  the  des- 
cription of  the  offenses,  as  in  the  mode  of  their  prosecution 
and  trial.     Upon  the  return  that  had  been  matle  to  the  court 
there  was  no  proof  that  any  alteration  had  been  made  in  that 
law.     But  it  might  be  said  that  there  had  been  a  subsequent 
act  in  the  31st  George  III.,  enacting  that  all  laws,  statutes, 
and  ordinances,  in  force  on  a  certain  day  fixed  by  that  act. 


ENGLAND  AND  VAN  DIEM  AN  8  LAND. 


159 


should  remain  and  continue  to  be  of  the  same  force  and  au- 
thority in  ench  of  the  provinces  as  if  that  act  had  not  passed, 
and  as  if  tlie  province  of  (iuehec  liad  not  been  divided;  and 
it  mi«;ht  further  l)e  sai«l  tliat  lliat  act  ^;ave  tlie  colonial  legis- 
latures power  to  alter  the  law  in  certain  cases.  Jiut,  as  they 
were  to  1)0  confined  to  the  return,  ho  must  remark  that  the 
return  did  not  sliow  that  the  law  of  Canada  had  been  at  all 
altered  as  ret^arded  the  })rusecution  and  trial  of  oll'en;M.>.  As 
the  act  he  had  just  mentioned  gave  to  all  the  ordinances 
passed  previously  to  it  the  elfect  of  hiw,  he  thoutiht  he  mi^ht 
be  permitted  to  jiliude  to  one  of  those  orilinances  as  having 
thereby  assumed  the  (  haracter  of  an  Kn<^lish  law.  liy  the 
ordinance  of  the  ilth  Cleorfi;e  III.,  it  was  provided,  that  if 
any  person  lawfully  convicted  should  in  open  court  pray  to 
be  transjiorted  beyond  the  seas,  and  out  of  the  province — . 

The  Solicitor  (ieneral  observed,  that  the  31st  of  Georj^e 
III.  enacted  that  certain  ordinances  should  continue  in  force 
until  repealed  ;  and  he  objected  to  Mr.  Roebuck's  reading 
someihin^  which  he  said  was  one  of  the  unrepealed  ordi- 
nances. 

Lord  Denmnn  did  not  see  how  they  could  ascertain  the  fact 
v;hethcr  it  was  re})ealed  or  not. 

Mr.  Roebuck  said,  that  an  act  having  j)asscd  authorizing 
the  adoption  of  the  English  law  and  practice  in  criminal 
matter,  he  presumed  that  all  the  forms  re({uired  here  before 
ihe  transportaiion  of  any  person,  would  be  necessary  in  Ca- 
nada. Ijy  the  31st  George  III.  powers  were  given  to  the 
Colonial  P.iMJiamcnls  to  make  laws  for  the  good  of  the  pro- 
vince, with  this  peculiar  qualification,  that  those  laws  should 
be  confined  to  purposes  Avithin  the  province  in  which  the 
same  was  passed.  The  })ower  of  the  colonial  Legislature 
was  confined  within  the  territory,  and  therefore,  though  they 
might  banish,  they  could  not  transport.  They  might  say 
that  certain  men  should  not  live  within  the  province,  but 
they  could  not  say  that  they  should  live  in  any  particular 
place  out  of  it.  Their  pov^rer  ceased  the  moment  the  men 
were  transported,  though  the  men  could  not  of  course  return 
to  the  province.    The  English  Parliament,  seeing  what  was 


160 


NOTES  OF  AN  EXILE,  ON  CANADA, 


the  effect  of  that  act,  and  considering  that  the  Legislatures 
of  the  provinces,  though  they  might  banish  extra  Jims  had 
not  the  power  of  transporting, — that  is  to  sny,  ol'  sending 
persons  to  live,  under  certain  restrictions,  in  a  particular 
place  out  of  the  provinces — passed  a  law,  empowering  th« 
colonial  authority  to  transport,  not  every  person  that  might 
be  disagreeable  to  the  government,  but  such  as  had  been 
convicted  in  court  before  a  judge,  and  sentenced  to  transpor- 
tation. He  wished  to  make  the  distinction  between  the  ju- 
dicial and  executive  powers  of  the  province  ;  for  in  the  pre- 
eent  case  the  executive  power  alone  intervened ,  and  the 
judicial  power  nowhere  appeared.  Neither  the  governor 
of  the  province,  nor  the  executive,  nor  both  combined,  was 
a  judicial  authority  in  criminal  matters;  and,  though  they 
formed  a  court  of  appeal,  it  would  require  another  act  of 
Parliament  to  make  them  a  court  of  criminal  jurisprudence. 
Consequently  the  explanation  given  in  the  return,  that  these 
parties  had  not  been  convicted,  nor  adjudged  to  transporta- 
tion, showed  that  the  return  was  insutficient,  and  therefore, 
without  more  ado,  it  was  plain  they  could  not,  according  to 
that  return,  have  been  legally  subjected  to  transportation, 
though  they  might  have  been,  perhaps,  legally  liable  to 
banishment.  But  supposing  they  had  been  convicted  by  a 
Cuurt  of  law  in  Upper  Canada,  and  supposing  they  had  been 
brought  to  this  country  in  consequence  of  that  conviction, 
still  he  maintained  that  the  return  was  invalid  and  insuffi- 
cient, inasmuch  as  it  did  not  inform  their  lordships  under 
what  law  they  were  brought  here,  nor  set  forth  the  important 
fact  that  the  parties  had  been  convicted.  Their  lordships 
could  take  no  legal  notice  of  the  law  of  Upper  Canada,  but 
would  they  allow  the  governor  of  the  jail  at  Liverpool  to  in- 
struct them  in  the  law — to  tell  them  just  what  he  pleased  ; 
and  would  they  permit  that  what  he  said  should  be  taken  as 
conclusive  and  irrefragable  evidence  of  the  law?  It  would 
require  very  strong  evidence,  he  thought,  to  make  their  lord- 
ships believe  that  there  existed  a  law  by  which  a  person 
might  be  put  in  prison,  and  might  afterwards  on  petition,  and 
making  a  contract  with  the  governor,  while   remaining  in 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


161 


prison,  and  might  afterward,  on  petition  and  making  a  con- 
tract with  tlio  governor,  while  remaining  in  (hirancc,  be  trans- 
ported, whipped,  tortured  or  mutilated.  The  return  set  forth 
that  which  was  illegal.  It  stated  that  there  was  a  contract 
between  the  governor  of  the  j)rovinee  ainl  the  prisoner  to  the 
cflect  that  he  should  be  transported  for  life;  but  it  did  not  do 
what  the  law  of  England  nM|uircd  to  bt;  done,  viz.,  give  tho 
judge's  sentence  8ubj(3cting  the  prisoner  to  transportation;  and 
with  respect  to  the  contract,  it  had  been  laid  down  expressly 
by  a  high  authority,  that  no  freeman  could  be  subject  to  duress 
or  imprisonment  in  consefjucncc  of  any  contract,  but  only  by 
judgment  of  a  court  of  law.  By  the  law  of  England,  if  a 
man  condemned  to  death  had  his  punishment,  the  secretary 
of  state  communicated  that  fact  to  the  judge,  who  made  it  a 
l)ortion  of  the  record.  Was  there  any  thing  of  the  sort  in 
the  case?  No.  The  return  set  forth  that  there  had  been  :i 
contract,  which  was  obviously  illegal,  and  they  were  besides 
told  that  pardon  should  be  equivalent  to  attainder.  As  far 
as  regarded  the  forfeiture  of  property,  this  might  be  true; 
but  it  did  not  justify  transportation.  But  supposing,  for  tho 
sake  of  argument,  that  a  confession  of  guilt  on  the  part  of 
any  person  justified  his  transportation  from  the  province,  it 
might  so  ha})pen  that  Governor  Arthur,  with  a  troop  of  sol- 
diers, might  a})prehend  any  ]»erson  he  chose,  and  send  him 
here  to  be  transported;  but  when  he  arrived  in  this  country 
the  law  would  surround  him  with  safeguards,  and  protect  his 
personal  liberty.  Their  lordships  ought  to  bo  informed  under 
what  law  the  prisoner  was  now  in  court,  and  under  what 
forms  he  had  been  transported.  What  was  the  ordinary  case 
when  a  man  came  to  this  country  convicted  in  Upper  or  Low- 
er Canada  of  a  felony  1  He  was  brought  here  with  the  record 
of  his  conviction,  with  an  attested  copy  of  his  pardon,  and 
the  award  of  the  court  of  justice.  But  no  such  forms  had 
been  preserved  in  the  present  case,  and  therefore,  so  far  as 
regards  the  law,  the  return  was  insufficient.  His  learned 
iVicnd,  Mr.  Hill,  had  entered  into  a  long  description  of  the 
want  of  form,  and  had  traced  the  insufficiency  from  Toronto 
to  this  country.    He  (Mr.  Roebuck)  would  trace  it  from  this 

11 


162 


NOTES  OF  AN  EXILE,  ON  CANADA, 


country  to  Toronto.  A  complaint  was  made  of  the  unlawful 
detention  of  parties  at  Liverpool,  and  the  jailer  was  asked 
whether  he  had  any  warrant.  The  jailer  replied  that  letters 
patent  were  issued  in  Ujiper  Canada  authorizing  the  transpor- 
tation of  the  men;  but  Sir  J.  Colborne  had  no  power  to  trans- 
port, and  if  he  had  it  ought  to  have  been  set  forth  in  the 
return,  and  on  this  a(3count  the  return  was  defective.  The 
next  important  point  with  respect  to  which  the  return  was 
defective,  was  the  want  of  a  judge's  warrant  adjudging  the 
prisoner  to  transportation.  He  knew  that  the  prisoner  when 
he  first  heard  the  return  read,  learned  with  horror  that  he 
was  transported.  Look  at  the  dates;  the  man  was  put  into 
prison  in  December. 

The  Attorney  General  said  he  must  again  interrupt  his 
learned  friend.  The  court  could  know  of  no  proceedings  but 
those  on  the  record. 

Mr.  Roebuck  said  he  would  state  the  case  in  this  way :  the 
pardon  was  dated  in  October,  but  no  date  was  given  for  the 
petition.  Who  proved  that  there  ever  was  a  petition?  Mr. 
Bacheldor.  But  such  evidence  as  that  would  not  prove  that 
a  man  owed  twopence.  Their  lordships  had  now  before  them 
a  beautiful  specimen  of  the  way  in  which  the  government  of 
Canada  might  be  administered,  not  according  to  the  law,  but 
at  the  will  of  the  governor.  It  would  be  a  disgrace  to  Eng- 
lishmen if  they  could  be  transported  in  such  a  way,  and  he 
was  sure  that  their  lordshijis  would  not  by  their  high  authori- 
ty sanction  such  a  proceeding,  would  show  to  those  who  sent 
the  prisoners  to  this  country  how  high  was  their  estimation  of 
the  liberty  of  the  subject,  and  of  the  great  and  sacred  char- 
acter they  were  invested  with.  They  were  judges  met  to  ad- 
minister the  law,  and  they  would  show  those  men,  who  were 
no  judges  either  in  name  or  in  fact,  their  opinion  of  this  pro- 
ceeding by  discharging  Leonard  Watson,  who  was  a  prisoner 
against  law  and  without  law.  They  had  no  evidence  that  he 
was  a  criminal;  all  the  evidence  they  had  was  that  he  was 
unfortunately  a  prisoner,  but  a  prisoner  without  having  had 
Sentence  passed  on  him. 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


163 


:  the 
»r  the 
Mr. 
c  that 
them 
nt  of 
,  but 
Eng. 
d  he 
hori- 
scnt 
ion  of 
char- 
o  ad- 
wcre 
s  pro- 
soner 
lat  he 
c  was 
had 


The  Attorney  General  said  it  now  became  his  duty  to  an- 
swer tiie  ariiuinents  which  liad  l)ccn  advanceil  bv  his  learned 
friends;  but  he  felt  he  had  a  rii^dit,  in  the  iirst  instance,  to 
conijilain  of  tlie  tone  which  h;id  been  adopted  by  them,  who, 
instead  of  confining  themselves  to  those  ]>oints  in  which  their 
clients  were  entitled  to  iiio  benefit  of  their  assistance,  had 
rather  indulged  in  declamation  and  resorted  to  topics,  ])articu- 
larly  Mr.  llocl)uck,  which  ought  not,  and  could  not,  have  any 
influence  with  their  lordshij)S.  What  etlect  they  might  pro- 
duce elsewhere  was  not  for  him  to  say,  but  he  hoped  they 
would  Ik;  prop(»rly  api)reciated.  He  did  trust  that  in  no  quar- 
ter of  the  world  would  they  j)rodu(;e  any  etlect  in  preventing 
that  mikl  and  merciful  administration  of  the  law  being  pur- 
sued, which  had  hitherto  prevailed  in  the  country  from  which 
these  prisoners  had  come,  lie  must  also  complain  of  his 
learned  friend  (Mr.  Hill)  for  making  a  very  invidious  and  un- 
founded charge  against  him  in  respect  to  the  objection  he  had 
submitted  to  their  lordships  upon  their  jurisdiction  in  this  case 
under  a  writ  of  habeas  corpus,  issued  by  a  single  judge  in  va- 
cation. That  obji'ction  (!ould  have  had  no  elfect  in  prejudi- 
cing the  case  of  the  prisoners,  for,  if  it  had  been  successful, 
it  would  not  have  delayed  the  consideration  of  their  case,  or 
their  dis('harg(\  if  they  were  entitled  to  a  discharge,  for  twen- 
ty-four hours.  But  when  he  had  the  authority  of  Lord  Coke, 
Lord  Hale,  Lord  Mansfield,  and  other  high  authorities,  which 
he  conceived  to  be  the  authority  of  the  Legislature  in  the 
reigns  of  Charles  II.  and  George  III.,  })ronouncing  that  such 
a  proceeding  should  not  take  }»lacc  unless  by  virtue  of  the 
statute,  he  really  could  not  blame  himself  for  submitting  the 
point  to  their  lordships'  judgment,  but  should  have  blamed 
himself  if  he  had  not  done  so.  Their  lordships  had  decided 
against  him,  and  from  the  bottom  of  his  heart  he  rejoiced  at 
their  determination.  It  wjls  the  first  time,  however,  that  the 
point  had  been  decided.  Witli  resj)cct  to  the  prisoner,  Leon- 
ard Watson,  his  learned  friends  had  endeavored  to  represent 
him  as  an  opj)ressed  man,  deprived  of  his  liberty,  and  sentenc- 
ed to  transportation  for  life,  without  knowing  what  ofler.se  he 
was  charged  with.    Their  lordships  would  take  the  return  as 


164 


NOTES  OF  AN  EXILE,  ON  CANADA, 


i 


true,  and  of  its  truth  he  had  no  doubt.     If  it  were  false  there 
was  remedy  by  action.    His  learned  frienrls,  too,  by  th«;  course 
of  their  ar^umentf,  had  accepted  it  as  true,  and  what  did  it 
aver?    It  showed  that  the  innocent,  the  illused,  the  illegally 
transported  Leonard  Watson,  humbly  petitioned  the  lieutenant 
governor  of  Upper  Canada  (he  having  been  indicted  for  high 
treason,   and  having  an  opportunity  of  taking  his   trial  and 
showing  his  innocence)  acknowledged  his   guilt,  and  stating 
his  penitence,  prayed  that  her  Majesty's  gracious  pardon  might 
be  extended  to  him  on  such  conditions  as  should  seem  proper 
to  the  lieutenant  governor  and  the  executive  council.     In  the 
merciful  spirit  with  which  the  law  is  executed  in  Canada,  his 
prayer  was  accorded  upon  the  condition  of  his  being  trans- 
jtorted  for  life.     He  assented  to  that  condition  of  his  pardon, 
jind  he  was  now  in  the  execution  of  that  sentence  for  which 
he  prayed,  in  the  course  of  being  sent  to  Van  Dicman's  Land, 
and  he  complained,  through  his  counsel,  of  great  grievances 
and  oppressions,  and  wished  to  bo  discharged  from  imprison- 
ment, again  to  return  to  Canada  and  foment  rebellion  there. 
This  then  was  the  ill  used  man,  the  victim  of  a  cruel  adminis- 
tration.— Let  him  now  consider  the  objections  taken  to  the 
return,  and  in  doing  so,  he  might  take  first  and  second  con- 
jointly.     The  first  objection  was    thai   there   had   been   no 
conviction,  and  the  second  was,  if  there  had  been  a  conviction 
there  was  no  record  of  it  on  the  return.     These  objections 
were  based  on  an  act  passed  in  the  5th  of  George  IV.,  and  if 
that  were  the  case  it  rniglit  be  material  for  his  learned  friends 
lo  show  that  there  had  been  no  conviction;  but  he  (the  Attor- 
ney General)  did  not  seek  to  bring  this  case  within  that  act 
of  Parliament.     His  learned  friends  had  totally  mistaken  the 
object  of  that  act.     For  a  long  course  of  years,  the  colonial 
Legislatures  of  this  empire  had,  from  time  to  time,  passed  acts 
by  which  transportation  was  awarded  as  a  punishment  for 
certain  offenses. 

Mr.  Roebuck  objected  to  the  Attorney  General  traveling 
out  of  the  return. 

The  Attorney  General  said  he  was  referring  to  the  act  of 
George  IV,,  wliich  was  matter  of  liistory.    By  that  act,  which 


l^ 


ENGLAND  AND  VAN  DIEMAN'S  LAND. 


165 


assumes  that  the  colonial  authorities  had  tlie  power  to  traiis- 
j)ort,  j)laces  were  a|)|)ointc(l,  citlufr  in  the  river  Thames  or  in 
j)artieular  harhors  ol'  England  iuid  Wales,  where  convicts  in 
their  transit  might  he  kept,  subject  to  all  the  discipline;  which 
prevailed  there.  These  places  went  by  the  name  of  hulks. 
Now  if  the  j)risoner  Watson  had  been  subject(.'d  to  the  disci- 
])line  of  the  hulks,  he  might  have  complainc^d  of  harsh  and 
illegal  treatment,  because  he  might  have  said  that  he  had  not 
been  convicted,  and  had  no  judgment  j)assed  against  him. — 
But  the  ))risoner  could  make  no  such  complaint,  because  he 
liad  b(;en  simply  detained  in  her  jNIajesty's  jail  at  Liverpool 
until  such  time  as  he  coidd  be  sent  to  Van  Dieman's  Land,  in 
execution  of  the  sentence  which  he  h;id  assented  to.  lie  (the 
Attorney  General)  would  now  bring  before  the  court  that  on 
which  he  did  rely,  and  that  was  the  act  of  the  Legislature 
Uj>per  Canada,  averred  on  the  face  of  the  return  to  have  been 
lawfully  passed — to  have  lawfully  received  the  assent  of  the 
Crown,  and  the  validity  of  which  had  never  been  objected 
to  except  in  the  course  of  some  sarcastic  observations  with 
which  tiie  court  had  been  favored  that  day.  His  l(;arnecl 
friend  (]Mr.  Roebuck)  referred  to  the  statute  of  14th  Georgi- 
III.;  but  he  did  not  mean  to  say  that  that  was  not  overruleil 
by  the  31st  of  Cfcorge  III.,  whereby  Canada  was  divided  into 
two  jirovinccs,  Upf)er  and  Lower.  By  this  a(^,t,  which  is  tlu; 
thirty-first  chapter  of  the  31st  of  George  III.,  there  is  a  Legis- 
lature a|)])ointcd  f(jr  the  jjrovince  of  U})per  Canada,  and  heri^ 
they  could  have  no  dispute  as  to  the  powers  which  might  be 
conferred  upon  any  colonial  Legislatute  by  the  Crown  which 
in  some  cases  perhaps  might  Ik;  a  matter  of  difficulty.  Tlu* 
Legislature  of  Up'per  Canatia  was  estal)lished  by  the  imy/crial 
Parliament,  and  might  pass  all  acts  with  the  assent  of  the 
Crown,  whether  conformable  or  not  to  tlie  14th  George  III. 
The  Canadian  Legislature,  then,  having  power  to  make  such 
laws  as  the  Crown  might  assent  to,  })asscd  the  1st  of  Victoria, 
c.  10,  which,  aftei  reciting  that  there  was  reason  to  believe 
that  among  the  persons  concerned  in  the  treasonable  insurrec- 
tion in  th(;  provinces  there  were  some  to  whom  the  lenity  ot 
the  government  might  not  imju'operly  be  extended,  enacteii 


166 


NOTES  OP  AN  EXILE,  ON  CANADA, 


that  it  should  bo  lawful  for  the  lieutenant  governor  of  the  pro- 
vince, by  and  with  the  advice  of  the  executive  council,  to 
grant  pardon  to  such  persons  upon  certain  terms. 

Mr.  Roebuck  said  there  was  no  evidence  that  this  was 
really  the  act  referred  to  in  the  return. 

The  Attorney  General  understood  that  the  act  was  not  set 
forth  in  the  return,   and   he  should,   therefore,  in  the  first 
place,  suppose  that  it  was  an  act  of  the  imperial  Parliament 
of  Great  Britain;   or  it  would,   perhaps,  make  the  matter 
more  clear  and  simple  if  he  supposed  that  there  was  an  act 
of  Parliament  in  these  words  passed  in  the  imperial  Parlia- 
ment, and  saying  thst  so  and  so  might  be  done  in  Canada. 
If  such  an  act  had   passed,  could  there  be  any  doubt  of  the 
power  of  the  lieutenf  nt  governor  to  commute  the  punishment 
of  a  party  charged  with   high  treason  to  transportation  for 
life  1     The   great   objection   which   his  learned  friends  had 
taken  was,  that  no  man  could  assent  to  any  thing  against  his 
own   liberty.     "No   man,"  said  his  learned  friends,  "can 
consent  to  be  put  to  death ;"  they  might  have  gone  further 
and  said,  "  no  man  can  consent  to  a  common   assault ;"  the 
license  would  be  bad,  that  is  to  say,  where  there  is  no  author- 
ity in  point  of  law  to  authorize  the  proceeding.     But  would 
it  be  said  that  the  supreme  power  of  the  state  could  not 
create  a  law  which  might  enable  a  person  charged   with  a 
crime  to  agree,  without  submitting  his  case  to  a  jury,  to  a 
particular  punishment  which  might  be  awarded  1     That,  he 
conft'ssed  at  once,  could  not  be  done  without  the  authority  of 
the  Legislature  ;  but  could  it  be  doubted  that  the  Legislature 
could  confer  such  an  authoriiy  1     Their  lordships  would  find 
that  the  14th  section  of  the  habeas  corpus  act  itself  ran  thus: 
"Provided  always,  and  be  it  enacted,  that  if  any  person 
or  persons  lawfully  convicted  of  any  felony  shall  in  open 
court  pray  to  be  transported   beyond  the  seas,  and  the  court 
shall  think  fit  to  leave   him  or  them  in  prison  for  that  pur- 
pose, such  person  or  persons   may  be  transported  into  any 
parts  beyond  the  seas,  this  act  or  any  thing  therein  contained 
to  the  contrary  notwitlistanding."   Here  was  a  case  of  a  per- 
son convicted  of  an  offerise,  but  for  which  he  was  not  liable 


M 


! 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


167 


not 
sith  a 
to  a 

,^ 
ityof 

ature 

find 


to  transportation  ;  yet  the  act  says,  "  if  he  agree  to  be  trans- 
ported he  maybe  transported."  That  was  matter  of  con- 
tract, matter  of  assent,  but  done  under  the  authority  of  the 
Lcgishiturc,  the  proceeding  is  valid.  It  would  be  a  most  cruel 
thing  upon  prisoners  who  were  guilty  if  such  a  law  might 
not  be  enacted  ;  because  the  Crown  would  be  deprived  of  the 
means  of  extending  mercy  to  them,  and  trials  and  convictions 
would  be  rendered  indispensably  necessary.  The  case  to 
'"hich  he  had  referred  in  the  habeas  corpus  act  was  one 
where  after  conviction  a  party  prayed  for  transportation, 
which  without  his  prayer  could  not  lawfully  be  passed  upon 
him;  but  the  Legislature  might  equally  well  have  said,  that 
if  a  person  be  imlicted  for  an  offense,  and  pray  to  be  trans- 
ported before  trial,  it  should  be  lawful  on  his  petition  to  pro- 
nounce sentence  of  transportation  upon  him ;  and  then,  if 
that  sentence  was  to  be  carried  into  effect,  was  he  on  the 
way  of  being  transported  to  be  permitted  to  move  for  a 
habeas  corpus  and  say,  "I  am  unlawfully  deprived  of  my 
liberty ;  true,  I  did  consent,  but  a  man  can  not  consent 
against  his  liberty,  and  my  detention  is  illegal  ?  "  The  13th 
section  of  the  habeas  corpus  act  is  also  very  material: 
"  Provided  always  that  nothing  in  this  act  shall  extend  to 
give  benefit  to  any  person  who  shall  by  contract  in  writing 
agree  with  any  merchant  or  owner  of  any  plantation,  or 
other  person  whatsoever,  to  be  transported  to  any  parts  be- 
yond the  seas,  and  receive  earnest  upon  such  agreement, 
although  afterwards  such  person  shall  renounce  such  con- 
tract."    The   very  word  "contract"  was  here  made  use  of. 

Mr.  Hill. — The  contract  is  not  in  that  case  for  punishment. 

The  Attorney  General. — It  is  not  for  punishment,  but  it  is 
the  case  of  a  man  renouncing  his  liberty  —  not  a  contract  by 
way  of  punishment  for  crime  of  which  the  person  might  have 
been  guilty,  but  by  way  of  certain  rewards  for  certain  servi- 
ces performed.  Did  not  this  act  of  Parliament  of  Upper 
Canada,  then,  contemplate  that  the  condition  should  be  per- 
formed, and  that  all  should  be  done  which  should  be  neces- 
sary for  carrying  that  condition  into  effect,  when  it  said 
"  that  a  party  charged  with  high  treason  may  petition  to  be 


168 


NOTES  OP  AN  EXILE,  ON  CANADA, 


pardoned,  and  a  pardon  may  be  extended  to  him  on  such 
terms  as  may  be  thought  proper  V^  Was  not  transportation 
clearly  within  the  meaning  of  that  enactment  1  His  learned 
friend  (Mr.  Hill)  had  asked  whether  the  rack,  mutilation, 
or  torture,  or  some  other  enormous  punishment  unknown  to 
the  law  of  England,  was  not  also  included  1  It  was  unne- 
cessary to  ask  that  question,  because  the  Legislature  in  the 
terms  imposed  here  contemplated  punishments  known  to 
the  law,  short  of  the  punishment  of  death.  The  terms  were 
to  be  "  such  as  should  be  deemed  proper ; ''  and  to  such  an 
enactment,  in  point  of  principle  and  humanity,  no  objection 
could  be  made.  He  was  not  therefore  a  little  struck  to  hear 
thai  statute  denounced  as  cruel,  tyranical  and  oppressive. — 
It  must  be  supposed  that  it  was  lawfully  and  properly  carried 
into  execution  ;  and  if  so,  he  would  say  it  was  a  most  salu- 
tar  Y  and  humane  law.  It  enabled  the  representative  of  the 
Ciown  to  extend  mercy  to  those  who  might  have  been  se- 
d  i  ;c()  by  the  instigation  of  others,  and  who  were  much  less 
g  itlty  than  those  by  whom  they  were  instigated,  but  who 
^natiously  avoided  the  danger,  and  where  otherwise,  treason 
havfp^  been  committed,  public  prosecutions  must  proceed, 
convictions  must  take  place,  and  that  frightful  sentence, 
which  he  would  rejoice  as  much  as  his  learned  friend  if  it 
required  no  longer  to  be  pronounced,  must  be  heard  in  open 
court.  But  was  it  not  a  merciful  and  humane  enactment  that 
a  person  against  whom  such  a  charge  was  brought,  who  felt 
he  was  guilty,  and  was  conscious  he  had  no  defense,  who 
might  have  been  taken  in  arras  fighting  against  the  troops  of 
her  Majesty,  that  such  a  person  might  be  allowed  to  petition 
and  be  pardoned  on  terms  short  of  suffering  the  last  sentence 
of  the  law,  in  the  hope  that  the  exercise  of  mercy  might  have 
a  beneficial  cfToct  on  him  and  the  community  at  large  ?  The 
law  said  the  party  mi^iit  pot'tion.  It  was  his  own  voluntary 
act.  He  might  or  might  not  take  advantage  of  the  law;  it 
was  introduced  for  his  Itencfit,  but  he  might  renounce  it  if  he 
pleased.  But  if  he  did  take  the  benefit  of  it ;  if  he  acknow- 
ledged that  he  had  committed  high  treason ;  if  he  acknow- 
ledged that  his  life  was  forfeited  to  the  law ;  if  he  acknow- 


ENGLA^D  AMD  VAN  DIEMAN  8  LAND. 


169 


ledged  that  sentence  as  for  high  treason  must  on  conviction 
be  lawfully  passed  on  him, — was  there  anything  hard  or  ty- 
ranical  in  allowing  him  to  petition  for  mercy,  and  that  a  sen- 
tence, sparing  his  life,  might  lawfully  be  pronounced  upon 
him  7  The  act  of  Parliament  said  that  and  no  more.  Well, 
then,  was  that  sentence  to  be  carried  into  effect  1  Was  he 
to  be  allowed  to  present  his  petition,  to  acknowledge  his 
guilt,  to  obtain  a  pardon,  and  then  to  violate  and  disregard 
the  condition  on  which  that  pardon  had  been  granted  1  If 
this  were  a  statute  of  the  imperial  Parliament,  would  it  not 
authorize  everything  which  was  necessary  to  be  done  in  order 
to  carry  it  into  effect  ?  It  was  not  a  statute  of  the  imperial 
Parliament,  but  he  said  it  was  not  a  statute  made  under  a 
statute  of  the  imperial  Parliament.  It  was  a  statute  made 
under  the  31st  of  George  III.,  c.  31,  which  established  a  su- 
preme legislation  in  Upper  Canada,  without  any  restriction 
whatsoever  to  make  such  a  law.  He  did  not  now  refer  to 
anything  not  in  the  return,  for  he  believed  the  statute  of  the 
31st  George  III.  was  recited  in  the  begining  of  this  local  act; 
as  indeed  it  should  be  in  the  beginning  of  every  act  passed  by 
the  Legislature  of  Upper  Canada.  The  only  remaining  ques- 
tion, then,  in  this  part  of  the  case  was,  whether  the  sentence 
could  lawfully  be  carried  into  effect  beyond  the  limits  of  Up- 
per Canada,  being  under  an  act  passed  by  the  Legislature  of 
that  province  '?  He  said  that  the  Legislature  of  that  province 
having  tho  powfr,  the  undisputed  power,  of  creating  the 
punishment  of  death  to  be  inflicted  on  any  person  found 
guilty  of  a  particular  offense,  had  the  power  of  affixing  trans- 
portation as  h  punishment,  because  it  was  lower  than  death. 
It  was  a  punishment  which  was  pronounced  in  the  colony, 
the  liability  to  which  had  been  incurrcMl  in  the  colo'.y,  the 
party  on  whom  it  had  been  pronounced  was  in  the  colony; 
in  the  colony  he  became  a  convict  sentenced  to  transporta- 
tion. He  being  in  the  colony  a  convict  sentenced  to  trans- 
portation, he  might  be  lawfully  transported. 

There  was  not  a  British  act  of  Parliament  to  authorize 
transportation  from  the  colonies  from  any  part  of  the  world. 
It  was  done  by  the  colonial  assemblies  ^j/o/jho  ?no^(,  and  it 


170 


NOTES  OF  AN  EXILE,  ON  CANADA, 


would  be  a  most  alarming  stjite  of  things  indeed,  if  all  the 
sentences  of  all  who  had  been  so  transported  for  many  years 
were  now  to  be  re-opened,  and  all  who  had  been  sent  from 
Jamaica  and  the  different  colonies  of  the  west  or  east  were 
to  be  declared  to  have  been  sent  thither  contrary  to  the  law, 
or  to  have  been  unjustly  deprived  of  their  liberty.  He  ap- 
prehended that  where  a  person  had  been  convicted  and  sen- 
tenced to  transportation  under  colonial  law,  the  Crown,  by 
virtue  of  its  prerogative,  had  a  right  to  carry  that  sentence 
into  execution.  It  was  immaterial  that  it  was  to  be  carried 
into  execution  beyond  the  limits  of  the  colony.  The  3d 
section  of  the  5th  George  IV.,  c.  84,  was  particularly  worthy 
of  consideration  here.  It  gave  a  power  to  appoint  any  place 
beyond  the  seas,  either  within  or  without  his  Majesty's  do- 
minions, to  which  felons  and  other  offenders  under  sentence 
of  banishment  should  be  conveyed.  According  to  that  act, 
a  convict  under  sentence  of  transportation  might  be  sent  to  a 
place  not  within  his  Majesty's  dominions.  His  learned  friend 
had  cited  the  1st  William  IV.,  c.  39,  as  authnizing  gene- 
rally the  detention  of  prisoners  sent  to  penal  colonies.  That, 
however,  would  be  found  upon  examination  to  be  by  no 
means  the  purport  and  scope  of  the  act.  It  appeared  that 
certain  parties  who  ought  to  have  been  sent  to  New  South 
W^ales,  had  been  sent  to  Van  Dieman's  Land,  and  the  act 
passed  in  order  to  render  it  lawful  to  detain  them  at  Van 
Dieman's  Land,  instead  of  sending  them  to  New  South 
Wales.  There  was  therefore  no  act  of  Parliament  to  autho- 
rize the  transportation  of  convicts  from  the  colonies  to  New 
South  Wales  or  Van  Dieman's  Land  ;  transportation  was  in- 
variably carried  into  execution  under  acts  of  the  colonial 
assemblies,  and  by  the  prerogative  of  the  Crown  ;  and  the 
power  to  do  so  was  fully  recognized  by  the  7th  section  of  the 
5th  George  IV.,  which  did  not  at  all  give  validity  to  such 
transportation,  but  assumed  its  validity,  and  only  said,  that 
if  the  parties  who  were  so  to  be  transported  came  to  this 
country,  they  might  be  confined  in  those  ships  to  be  set  apart 
for  the  punishment  of  such  offenders,  and  subjected  to  the 
discipline  of  the  hulks   while   they   remained  in   England. 


'  : 


ENGLAND  AND  VAN  DIKMAN's  LAND. 


171 


The  Legislature,  therefore,  had  clearly  recognized  the  power 
of  the  colonial   assemblies  to   pass  a  law  for  transporting 
criminals  from  the  colonies  to  another  part  of  the  globe.     If, 
then,  there  were  such  a  power  in  the   Legislature   of  Upper 
Canada,  could  there  be  a  doubt  that  the  Legislature  of  Upper 
Canada  had  authority  propria  motu  to  pass  this  act  of  Parlia- 
ment, the  1st  of  Victoria,  c.  10,  which  says,  that  if  a  person 
be  charged  with  treason  he  may  petition  the  lieutenant  go- 
vernor, and,  admitting  his  guilt,  may  receive  a  conditional 
pardon  upon  being  transported  to  Van  Dieman's  Land.   Such 
was  the  substance  and  effect  of  that  law.     Was  there  any 
doubt  that  it  might  have  been  expressly  enacted,  that  "any 
person  charged  with  high  treason,  upon  petitioning  the  lieu- 
tenant governor,  and  confessing  his  guilt,  might,  with  the 
consent  of  the  lieutenant  governor,  have  been  transported  to 
Van  Dieman's  Land?"     It  would  merely  be  exercising  the 
same  power  exercised  in  passing  a  law  whereby  transporta- 
tion  was   made   the  substantive   punishment  for  a  specific 
offense.     The  transportation  was  not  in  this  case  mentioned 
in  the  section  of  the  act  as  one  of  the  terms  which  might  be 
agreed  upon;  but  was  it  not  clearly  involved  and  contempla- 
ted in  it  ?     The  words  wore,  *' upon  such  terms  and  condi- 
tions as  may  appei.r  proper."     Transportation  was  a  well 
known  punishment — well  known  to  the  law  of  England — 
well  known  in  the  mother  country — well  known  in  the  col- 
onies ;  there  was  no  occasion  for  considering  whether  any 
punishment  unusual  and  unknown  should  have  been  adopted. 
Transportation  was  a  well  known  and  recognized   punish- 
ment, and  clearly  it  was  one  of  the  conditions  on  which  the 
pardon  would  be  granted.     If  it  were  so,   where  was  the 
objection  to  the  legality  of  this  act,  and  why  was  the  sen- 
tence not  to  be  carried  into  effect  ]     If  a  man  was  convicted 
in  Upper  Canada  of  larceny,  and  sentenced  to  transportation, 
no  doubt  he  could  be  lawfully  sent  from  Quebec  to  Van  Die- 
man's  Land.     So  it  was  clearly  and  unequivocally  declared 
by  the  Legislature  itself.     If  he  might  be  sent  directly,  he 
might  be   sent  circuitously,  where  there  were  no  means  of 
sending  directly  to  the  place  of  his  destination.     Between 


172 


N0TE«9  OK  AN  EXIf.r.,  0\  CANADA, 


'■I 

,  I, 
I  I. 


such  a  sentence  upon  conviction  and  a  pardon  upon  such  a 
condition  as  was  hfre  conti'n>plalcd,'it  \va.:>  iinpossible  upon 
piinciple  to  ilraw  the  smallest  distinctior;.  Il  there  wne  a 
power  in  the  Legislature  ol"  Upper  Canada  to  lix  transporta- 
tion as  a  punishment  for  crime,  there  was  then  also  a  power 
in  that  LcjTislature  to  enact  that  a  person  cliarged  with  high 
treason  might,  upon  his  petition  and  confession  of  guilt,  be 
made  subject  to  transportation,  as  li'  he  hud  been  formally 
sentenced  to  transportation.  So  much  for  thr  uower  of  the 
lieutenant  governor.  His  learned  friend  had  asked  why  they 
Iiad  not  shown  the  authority  of  the  lieutenant  governor.  He 
relied  on  the  act  of  Parliament  of  IJlst  George  HI. — he  relied 
on  the  act  of  the  colonial  Legislature  which  was  returned  in 
answer  to  the  writ  ol'  habeas  corpus.  'Ihese  two  showed  the 
power  of  the  lieutenant  governor,  because  they  showed  that 
an  act  was  lawfully  passed  by  the  Legislature  of  I  pper 
Canada,  conferring  that  power  upon  him.  He  had  now  to 
consider  the  manner  in  which  the  conditions  had  been  carried 
into  effect.  He  was  asked  what  authority  had  Sir  John  Col- 
borne,  the  governor  of  Lower  Canada,  to  interfere?  Arguing 
on  the  supposition  that  this  was  a  lawful  proceeding,  and 
that  by  lawful  means  Watson  might  have  been  sent  from 
Upper  Canada  to  Van  Dieman's  Land,  were  not  all  the 
means  necessary  for  doing  it  legalized  by  the  same  act  1 — 
The  return  expressly  avers,  and  the  averment  was  to  be 
taken  for  true,  that  there  were  no  means  of  transporting  him 
(lirectly  to  Van  Dieman's  Land.  It  might  be,  as  he  believed 
was  the  fact,  that  from  no  port  in  Upper  Canada  did  vessels 
sail  for  such  distant  parts;  but  it  was  at  all  events  easy  to 
<;onceive  that  there  might  be  a  province  so  inland  '!iat  the 
embarkation  of  the  convict  from  any  part  of  it  would  be 
physically  impossible. 

Lord  Denman. — I  may  refer  you  to  one  argument  used  on 
the  other  side  with  respect  to  part  of  the  Canada  act.  It 
appears  by  the  return,  that  the  conditional  pardon  was  to 
have  the  effect  of  an  attainder  on  the  personal  and  real  pro- 
perty of  the  party. 

The  Attorney  General  was  very  much  obliged  to  his  lord- 


r.VCJf.AND  AM»  VAiV   IMKMAN  ti  LAND. 


173 


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ssels 
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at  the 
lid  be 

ed  on 
it.     It 
as  to 


ship  for  drawin;T  his  atfotition  to  that  pumt,  but  he  sought  no 
benefit  at   all  tVoin  those  words.      They  would   in  no  degree 
prejudice  the  return  ot"  the  right  \n  carry  llio  condition   into 
effect.     The  words  he  relii'd  ou  wnc  tin  se — 'Mliat  a  person 
charged  willi   high  treason  lornrnitted  in  the  province,  may 
petition  the  lieutenant  governor  to  be  pardoned,  and  it  shall 
be  lawful  for  the  lit  utorant  governor,  hy  and  with  the  advice 
of  the  executive  council,  to  grant  a  pardon  upon  such  terms 
as  shall  be  thought  proper.''     There  he  stopptul,  atul  if  the 
statute  had  stopped  tlierc,  the  power  would   have   been  cre- 
ated for  which  he  contend«'(l ;  because,  before  that  it  was  en- 
acted that  if  a  person  charged   with   liigli  treason    petitioned 
for  pardon,   pardon  might  be    granted  to  him   "  upon    such 
conditions   and  terms   as   may  appear   proper."     J^id  it  not 
then  inevitably  follow  that  the  terms  and  comlitions  on  which 
pardon   was  granted   were  to  he  carried  into  effect  ?     Were 
these  to  be  unilateral?      A'as  the  prisoner  to  have   all   the 
benefit,  and  the  Crown  and  the  public  no  security  by  way  of 
return  ?     Instead  of  being  conditional,  was  the  pardon  to  be 
absolute]     Unh'ss  ihere  was  a  power  of  carrying  the  comli- 
tion  into  effect  in  the  province,  the  moment  the  party  lel't 
the  province  he  was  discharged,  entitled  to  his  liberty  —  ho 
might  go  where  Ik  pleased,  and  conduct  Idmself  as  he  thought, 
fit.     But  the  act  giving  a  power  to  pardon  on  terms  and  con- 
ditions, it  was  a  cotulitional  pardon,  and  the  condition  was  to 
be  carried  into  effect.     Was  not  that   the   intention   of  the 
Legislature,  and  expressed  with  sufficient  clearness  ?     The 
words  to  which  his  lordshi)>  had  been  good  enough  to  call  his 
attention,  were  for  the   purpose  of  affixing  a  farther  punish- 
ment, because  without  those  worrls  there  would  have  been  no 
forfeiture  of  land  or  goods.     There  being  merely  a  pardon  on 
condition  of  transportation,  if  the  party  had   possessed  half 
the  province  of  Upper  Canada  he  would  have  remained  so ; 
if  he  had  possessed  the  most  unbounded  wealth,  he  would 
have  been  entitled  to  continue  to  enjoy  it.     He  would   still 
have  been  a  landowner,  a  freeholder  of  Upper  Canada,  after 
having  been  transported  for  high  treason.     That  was  thought 
not  to  be  a  fit  state  of  things,  and  therefore  beyond  the  terms 


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174 


NOTES  OF  AN  EXILE,  ON  CANADA, 


that  might  be  agreed  on  and  prescribed  by  the  lieutenant  go- 
vernor; at  all  events  this  security  was  to  be  taken,  that 
there  should  be  a  forfeiture  of  land  and  goods,  but  no  cor- 
ruption of  blood,  which  an  attainder  for  high  treason  would 
necessarily  bring  along  with  it.     Those  words  were  therefore 
inserted  for  the  purpose  of  showing  that  the  party  was  to 
forfeit  all  his  property  real  and  personal,  in  addition  to  those 
terms  and  conditions  on  which  the  pardon  was  extended. 
But  could  his  learned  friend  for  one  moment  contend  that 
this  forfeiture  of  land  and  goods  was  to  be  th^  ultimate  and 
only  punishment  to  be  inflicted — that  this  condition  was  a 
nullity  not  to  be  executed,  and  that  as  soon  as  the  pardon 
was  pronounced  the  condition  was  to  be  retracted  or  treated 
with  contemptl    These  words  were  in  reality  an  additional 
enactment,  that  in  no  respect  qualified  what  preceded,  but 
left  the  conditional  pardon  still  to  be  granted,  and  the  con- 
ditions to  be  performed  on  which  that  pardon  was  to  be 
awarded.     The  two  were  entirely  distinct.     It  was  to  be  a 
pardon  on  conditions  prescribed  by  the  lieutenant  governor 
of  the  province  ;  then  there  was  to  be  a  fixed  and  ascertained 
punishment  to  be  undergone  in  all  cases  ;  but  there  was  to 
be  no  pardon  without  a  forfeiture  of  land  and  goods.     When 
his  attention  was  called  to  this  point,  he  was  adverting  to 
the  objection  which  had  been  urged  by  his  Jearned  friend 
with  respect  to  the  supposed  irregularity  which  had  taken 
place.     If  there  had  been  any  irregularity  in   transmitting 
the  prisoner  to  the  province  of  Lower  Canada,  would  that 
be  any  ground  for  discharging  him  now,  when  lawfully  in 
custody  of  the  jailer  of  Liverpool  in  execution  of  his  sen- 
tence"?   He   apprehended   clearly  not.     But  there  was  no 
irregularity.    Incidentally  there  was  a  power  to  do  all  that 
was  necessary  for  carrying  the  sentence  into  execution.    He 
put  the  case  of  an  inland  province ;  and  how  in  that  case  was 
the  condition  to  be  carried  into  effect?    Although  the  return 
did  not  say  specifically  that  there  was  no  seaport  in  Upper 
Canada,  it  occurred,  however,  that  the  prisoner  could  not  be 
sent  directly  from  Upper  Canada  to  Van  Dieman^s  Land, 
which  was  enough  for  liis  purpose  ;  the  condition  must  be 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


175 


executed,  and  the  prisoner  taken  stage  by  stage  till  he 
reached  his  place  of  destination.  There  being  no  means  of 
sending  Watson  directly  from  Upper  Canada,  it  became  ne- 
cessary to  send  him  to  the  sherif  of  Quebec,  the  most  proper 
and  convenient  custody  for.  that  purpose  ;  and  there  he  re- 
mained in  execution  of  his  sentence.  The  next  averment 
was,  that  there  were  no  means  of  sending  him  directly  from 
Quebec  to  Van  Dieman's  Land,  and  he  was  therefore  put  on 
board  ship  to  be  brought  to  England.  Was  it  to  be  said  that 
was  illegal?  It  might  be  easily  conceived  there  were  no 
proper  ships  for  such  a  purpose  sailing  from  Quebec  to  such 
a  distant  part  of  the  world ;  what  then  was  to  be  done  1 
Was  the  prisoner  to  remain  until  a  vessel  fit  for  the  purpose 
should  be  built,  equipped  and  manned  1  He  could  not  be 
sent  directly  from  Quebec  to  Van  Dieman's  Land,  but  was 
sent  to  England  as  the  readiest  and  most  proper  route  by 
which  he  might  reach  his  place  of  destination.  There  was 
no  pretension  for  saying  there  was  the  slightest  irregularity 
in  his  detention. — He  now  came  to  the  fifth  objection  of  his 
learned  friend,  that  no  warrant  had  been  returned.  In  many 
cases  a  warrant  was  necessary ;  where  a  person  was  commit- 
ted for  trial,  there  must  be  a  warrant  to  authorize  his  deten- 
tion ;  but  in  many  cases  where  he  was  in  executiori  of  a  sen- 
tence, or  what  amounted  to  a  sentence,  there  was  no  war- 
rant, and  no  warrant  could  be  required.  The  case  on  which 
his  learned  friend  relied  was  that  of  "  the  King  v.  Clerk," 
1  Salter,  349 ;  but  the  precise  distinction  was  drawn  in  that 
case  for  which  he  (the  Attorney  General)  was  now  contend- 
ing, that  "where  there  is  a  commitment  by  warrant,  the  offi- 
cer must  return  the  warrant ;  but  when  a  commitment  is  in 
court,  where  there  is  a  commitment  on  conviction,  there  is 
no  necessity  for  the  production  of  a  warrant ;  but  the  officer 
must  return  the  whole  matter  under  penalty  of  an  action." 
Such  was  the  case  here,  and  he  denied  if  a  personjwas  sen- 
tenced to  transportation  that  there  mustnecessarily.be  a  war- 
rant to  the  person  entrusted  with  the  execution  of  that  sen- 
tence, any  more  than  there  must  be  a  warrant  to  detain  a 
man  in  jail  who  was  actually  in  prison.    The  truth  of  the 


I- 


176 


NOTES  OF  AN  EXILE,  ON  CANADA, 


matter  was  returned ;  and  what  was  it? — that  the  jail  of  the 
borough  of  Liverpool,  to  which  plac.e  the  ship  came,  was 
the  fittest  and  most  convenient  place  for  the  purpose  of  de- 
taining the  prisoner  until  means  were  provided  with  all  pos- 
sible despatch  of  carrying  him  to'his  destination.  Could  it 
be  contradicted  that  Liverpool  was  the  fittest  and  most  pro- 
per place  for  the  prisoner  to  be  detained?  Was  it  fitting  or 
necessary  that  he  should  be  kept  in  the  hold  of  the  ship,  in 
the  roads,  or  at  the  mouth  of  the  Mersey,  exposed  to  the 
fury  of  the  elements  until  a  ship  was  prepared?  Was  it 
unlawful  to  enter  the  port  of  Liverpool?  Was  it  not  more 
fitting  and  humane  that  the  ship  should  go  into  port,  and  that 
he  should  be  lodged  in  some  convenient  place  until,  with  all 
possible  expedition,  a  ship  was  obtained  in  which  he  could 
be  transported  to  Van  Dieman's  Land?  The  return  averred 
that  what  had  been  done  was  indispensably  necessary,  and 
that  it  was  the  most  proper  and  convenient  course  that  could 
be  pursued. 

He  had  only  one  other  objection  to  meet,  and  he  confessed 
it  had  come  upon  him  by  surprise ;  the  last  objection  was, 
that  the  return  was  not  sufficiently  specific — that  it  ought  to 
have  set  out  at  large,  and  with  greater  precision,  all  the  doc- 
uments to  which  it  referred.  This  was  rather  inconsistent 
with  another  observation  which  fell  from  his  learned  friend 
' — that  the  jailer  of  Liverpool  could  know  very  little  of  all 
these  matters.  He  must  say  to  impose  on  a  jailer  the  duty 
of  setting  out  all  documents  of  which  he  might  not  be  cogni- 
zant would  be  very  unreasonable;  and  the  law  which  should 
say  if  that  were  not  done  by  the  jailer  the  detention  was 
unlawful,  would  be  very  unjust ;  but  such  was  not  the  law  of 
England,  which  required  no  such  minute  details  in  a  return 
to  a  writ  of  habeas  corpus.  He  referred  their  [Lordships  to  a 
well  known  rule,  as  laid  down  in  Barne's  case,  2  Rose,  157, 
that  a  return  to  a  habeas  c(frpus  differed  from  other  judicial 
proceedings,  and  such  precise  certainty  was  not  required  in 
the  terms ;  it  was  sufficient  if  the  court  could  learn  from  the 
return  the  substance  of  the  matter.  That  was  quite  reason- 
able ;  and  that  rule  had  mtbis  case  been  fully  complied  with. 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


177 


The  same  rule  was  laid  down  in  the  3d  Wilson,  p.  337.  He 
doubted  whether  there  ever  was  a  return  to  a  habeas  corpus 
that  set  out  the  proceedings  so  fully  as  had  been  done  in  this 
ease.  He  would  refer  their  lordships  to  the  case  of  "the 
King  V.  Saddis,"  1  East,  p.  306,  which  was  a  writ  of  habeas 
corpus  directed  to  Sir  W.  Pitt,  governor  of  Portsmouth,  to 
bring  up  the  body  of  John  Saddis.  The  return  set  out  the 
proceedings  of  a  court  martial  at  Gibralter,  and  stated  that 
the  court  having  heard  evidence  for  the  prosecution  was  of 
opinion  that  the  prisoner  had  been  guilty  of  a  breach  of  the 
articles  of  war,  and  sentenced  him  to  be  transported  to  Bo- 
tany Bay  for  fourteen  years;  that  the  proceeding  was  ap- 
proved of,  and  that  the  governor  of  Gibraltar,  in  order  to 
carry  the  sentence  into  effect,  sent  the  prisoner  tp  England, 
in  custody  of  Lieutenant  Rogers,  of  the  70th  Regiment;  that» 
having  arrived  at  Portsmouth,  Lieutenant  Rogers  delivered 
him  to  Sir  W.  Pitt,  as  governor  of  her  Majesty's  garrison  at 
that  port,  to  be  by  him  kept  until  he  could  be  sent  to  Bota- 
ny-bay, in  pursuance  of  his  sentence.  There  was  no  warrant 
sent  with  Lieutenant  Rogers  to  Sir  William  Pitt,  nor  had 
Sir  William  Pitt  any  warrant  from  any  authority  whatever. 
The  return  merely  alleged  that  the  governor  of  Gibraltar  had 
delivered  Saddis  to  the  custody  of  Lieutenant  Rogers  to  be 
sent  to  England,  and  that  Saddis,  on  arriving  in  England, 
was  delivered  by  Rogers  to  Sir  William  Pitt,  as  governor  of 
the  garrison  of  Portsmouth,  until  he  should  be  sent  to  Bota- 
ny Bay.  The  court  held  that  to  be  a  good  return,  and  Saddis 
was  remanded  in  execution  of  his  sentence. 

Mr.  Justice  Williams. — Who  was  counsel  in  that  case  T 
The  Attorney  General. — Mr.  Erskine  was  counsel  for  the 
prisoner,  and  Mr.  Abbott,  afterwards  Lord  Chief  Justice,  on 
the  other  side.  The  case  was  most  elaborately  argued;  vari- 
ous objections  were  taken ;  they  were  overruled ;  but  it  was 
not  thought  possible  to  take  Ihe  objections  for  the  want  of 
the  warrant.  He  would  read  what  Lord  Kenyon  said  on  the 
subject:  "  There  must  tilways  be  a  leaning  in  favor  of  liberty; 
we  must,  however,  take  care  not  to  carry  that  disposition  too 
far,  lest  we  loosen  the  bonds  of  society,  which  is  kept  to- 

12 


178 


NOTES  OF  AN  EXILE,  ON  CANADA, 


l>\ 


gether  by  the  hope  of  reward  and  the  fear  of  punishment.  It 
has  always  been  considered  that  judges  in  our  foreign  posses- 
sions are  not  to  be  bound  by  the  rules  proceeding  in  our 
courts  here."  He  then  said,  "  We  are  not  sitting  as  a  court 
of  error  to  review  the  irregularity  of  their  proceedings,  and  I 
see  no  reason  for  saying  that  the  form  of  the  return  is  not 
sufficient."  Mr.  Justice  Cross,  who  followed  him,  said  that 
the  objection  made  was  one  of  error,  but  they  did  not  sit 
there  as  a  court  of  error.  Mr.  Justice  Lloyd  observed,  that 
it  was  a  return  to  a  writ  of  habeas  corpus  made  by  the  person 
in  whose  custody  the  prisoner  was  left  in  execution  of  his 
sentence,  and  who  could  not  be  cognizant  of  all  the  proceed- 
ings; it  was  enough  that  the  court  had  authority  to  pro- 
nounce the  sentence,  and  that  the  governor  returned  the 
cause  why  the  party  was  in  custody.  Mr.  Justice  Le  Blanc 
said  it  was  sufficient  for  the  officer  having  the  prisoner  in 
custody  to  return  to  the  writ  of  habeas  corpus,  that  a  court 
having  competent  jurisdiction  had  convicted  him,  and  that  he 
held  him  in  custody  under  that  sentence.  It  was  enough, 
then,  for  the  keeper  of  the  jail  at  Liverpool  to  have  returned 
that  act  of  the  colonial  Legislature,  the  conditional  pardon 
upon  transportation,  and  that  Watson,  now  in  custody,  was 
on  his  way  to  Van  Dieman's  Land  in  execution  of  that  sen- 
tence. He  had  now,  he  believed,  gone  through  with  the 
whole  of  his  learned  friend's  objections ;  but  before  sitting 
down  he  thought  it  his  duty  to  call  their  lordships'  attention 
to  this  point,  that  if  there  were  any  informality  in  the  return, 
of  which  he  was  not  aware,  this  was  not  a  case  in  which  their 
lordships  would  discharge  the  prisoner.  It  appeared  from 
the  return  that  he  was  in  custody  upon  a  charge  of  high  trea- 
son, committed  within  the  dominions  of  her  Majesty,  for 
which,  if  the  act  of  the  colonial  assembly  were  a  nullity,  if 
this  conditional  pardon  were  a  nullity,  he  was  still^liable  to 
be  tried  either  in  England  or  in  Canada.  If  he  renounced 
the  statute  and  the  pardon,  he  threw  himself  upon  the  general 
law  of  the  land ;  and  it  appearing  on  the  return  that  he  was 
in  custody  upon  such  a  charge,  he  humbly  submitted  that 
being  so  indicted  he  was  not  entitled  to  be  discharged.    He 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


179 


referred  their  lordships  upon  this  point  to  the  16th  section. ct 
the  habeas  corpus  act  itself,  which  enacted  ^'  that  if  any  per- 
son  or  persons  should  be  committed  on  a  capital  offense  in 
Scotland  or  Ireland,  or  any  of  the  islands  or  foreign  planta. 
tions  of  the  King,  his  heirs  or  successors,  where  he  or  she 
ought  to  be  tried  for  such  offense,  such  person  or  persons 
may  be  sent  to  such  place,  there  to  receive  their  trial  in  such 
manner  as  the  same  might  have  been  used  before  the  making 
of  this  act,  any  thing  herein  contained  to  the  contrary  not- 
withstanding."    He  was  arguing  on  the  supposition  that  his 
learned  friend  could  pursuade  their  lordships  that  the  colonial 
statute  was  a  nullity,  that  the  conditional  pardon  was  a  nul- 
lity, and  that  the  party  was  in  the  same  situation  as  if  he  had 
merely  been  indicted.     The  indictment  being  in  existence, 
he  submitted  the  prisoner  could  not,  according  to  this  section 
of  the  habeas  corpus  act,  be  discharged.     If  the  proceedings 
were  irregular  of  which  he  complained,  still  he  was  amenable 
to  justice.     He  (the  Attorney  General)  should  most  bitterly 
regret  if  the  prisoner  should  be  put  in  any  jeopardy,  and  he 
should  rejoice  to  see  his  sentence  mitigated  instead  of  his  in- 
curring any  peril  from  renouncing  the  benefit  that  had  been 
conferred  upon  him  ;  but  at  the  same  time,  if  he  thought  £t 
to  declare  that  all  which  had  been  done  was  illegal,  null  and 
void,  he  was  not  for  that  reason  altogether  to  escape  the 
penalty  of  the   law.      Having  acknowledged  that  he   was 
guilty  of  high  treason,  he  was  not  on  that  account  to  escape 
from  its  consequences.     He  begged  to  refer  to  two  cases 
upon  this  point — the  first  was  "the  King  v.  Kimberley,"  2 
Strange,  248. 

Mr.  Hill  submitted  that  his  learned  friend  was  now  going 
into  matter  of  which  he  had  received  no  notice.  If  there  was 
anything  in  the  course  of  the  argument  he  was  now  taking, 
it  should  come  on  in  the  shape  of  a  distinct  motion. 

.  The  Attorney  General  had  put  his  learned  friend  in  pos- 
session of  the  whole  course  he  intended  to  take ;  he  had  even 
told  him  he  should  move  for  leave  to  amend  the  return,  if 
necessary ;  but  he  was  now  showing  cause  only  why  the  pri- 
soner should  not  be  discharged. 


h 


:■' 


180 


NOTES  OP  AN  EXILE,  ON  CANADA, 


The  Attorney  General .-r-There  was  a  charge  against  the 
prisoner  for  having  committed  an  offense  in  Ireland. 

Mr.  Justice  Coleridge. — You  must  make  out  that  this  man 
has  committed  high  treason.  The  words  of  the  act  are,  "  if 
any  person  or  persons  shall  have  committed,"  &c. 

The  Attorney  General. — The  words  he  relied  on  were, 
"  where  he  or  she  ought  to  be  tried"  they  were  to  be  sent  for 
trial;  it  was  not  necessary  to  prove  their  guilt  before  the 
court,  or  to  prove  more  than  that  the  charge  depended  against 
them.  The  case  here  was  much  more  serious  than  the  exis- 
tence of  a  warrant ;  the  prisoner  had  been  indicted  for  high 
treason.  There  was  another  case  of  "  the  King  v.  Piatt," 
.1  Leaches  Crown  Cases,  where  the  prisoner,  on  the  warrant 
of  Mr.  Abingdon,  a  Middlesex  magistrate,  was  committed  to 
Newgate  for  high  treason  at  Savannah,  in  North  America. 
An  application  was  made  to  have  his  trial  brought  on,  or  that 
he  might  be  discharged.  He  was  not  tried,  however,  and  the 
application  for  his  discharge  was  refused ;  he  was  remanded, 
there  being  this  warrant  against  him  by  a  Middlesex  magis- 
trate, for  treason  committed  in  North  America.  He  should 
have  apprehended  that  a  Middlesex  magistrate  had,  strictly 
speaking,  no  authority  to  grant  a  warrant  for  committal  of 
an  offense  beyond  his  jurisdiction  ;  but  it  appearing  that  the 
prisoner  was  in  custody  on  a  charge  of  high  treason,  the 
court  refused  to  discharge  him.  Now,  Watson  was  in  cus- 
tody; it  appeared  by  the  return  that  he  had  been  indicted  for 
high  treason — that  showed  that  proceedings  were  depending 
against  him ;  he  ought  to  have  been  lawfully  tried  on  the 
charge,  and  according  to  the  habeas  corpus  act  itself,  and  the 
two  cases  quoted,  he  could  not  therefore  be  entitled  to  his 
discharge;  but,  looking  to  this  return,  he  believed  their  lord- 
ships would  see  no  objection  whatever,  and  they  would  be 
of  opinion  that  this  was  an  act  of  the  colonial  Legislature  of 
Upper  Canada  which  they  had  power  to  pass ;  that  under  that 
act  the  lieutenant  governor  was  empowered  to  grant  a  pardon 
upon  condition  of  transportation  to  Van  Dieman's  Land; 
that  according  to  that  act,  this  amounted  to  a  sentence  of 
transportation  to  Van  Dieman's  Land,  and  might  lawfully  be 


! 


HiMMIUHHMMMWte. 


BNOLAND  AMD  VAN  DIEMAN^S  LAND. 


181 


carried  into  effect.  If  so,  they  would  also  be  of  opinion  that 
all  which  was  necessary  to  carry  that  sentence  into  effect  be- 
came legal ;  that  it  was  lawful  to  send  him  from  Upper  to 
Lower  Canada,  from  Lower  Canada  to  Liverpool,  and  to  de- 
tain  him  there  till  the  means  were  provided,  with  all  possi- 
ble expedition,  for  conveying  him  to  Van  Dieman's  Land. 
He  had  now  done,  having  discharged,  but  he  hoped  not  in 
any  respect  exceeded,  his  duty.  He  had  heard  with  great 
satisfaction  their  lordships'  judgment  with  respect  to  the  va- 
lidity of  the  writ,  but  he  must  deprecate  any  decision  pro- 
nouncing these  proceedings  irregular  and  illegal.  He  knew 
their  lordships  would  come,  if  compelled,  to  such  a  conclu- 
sion with  the  utmost  possible  reluctance,  because  the  most 
frightful  consequences  might  be  anticipated  to  ensue  from 
any  such  decision  ;  but  he  believed  they  would  without  diffi- 
culty decide  that  ail  these  proceedings  were  legal ;  that  the 
prisoner  was  lawfully  in  custody,  and  might  lawfully  be  sent 
to  the  place  of  his  destination,  where  he  earnestly  hoped  the 
prisoner,  on  reflection,  would  sincerely  regret  the  part  he 
had  taken  in  the  rebellion,  and  where  he  was  sure  there 
would  be  the  utmost  possible  disposition  to  extend  to  him 
every  degree  of  lenity  which  the  safety  of  the  state  permit- 
ted. 

The  other  counsel  for  the  Crown  addressed  the  court  in 
turn,  but  their  arguments,  being  a  repetition  in  part  of  the 
Attorney  General's,  are  omitted. 

Lord  Denman,  after  consulting  vith  the  other  judges,  said 
they  were  considering  whether  Mr.  Hill  would  reply  on  this 
case  or  generally,  when  the  other  return  was  discussed. 

Mr.  Hill  said,  probably  the  court  would  give  him  till  to- 
morrow to  consider. 

Lord  Denman. — Several  of  the  topics  are  of  a  general 
kind. 

Mr.  Hill  said,  that  upon  another  case  being  moved,  his 
arguments  would  in  effect  be  a  reply  to  what  had  been  ad- 
vanced on  the  other  side,  and  it  therefore  occurred  to  him 
that  probably  that  would  be  a  better  way. 


182 


NOTES  OF  AN  EXILE,  ON  CANADA, 


; 


Lord  Denman  said  it  struck  the  Court  that  it  would  be 
more  convenient  to  hear  the  arguments  in  that  form. 

The  Attorney  General  said,  that  on  the  return  it  did  not 
appear  that  the  second  section  of  the  provincial  act  had  been 
introduced  ;  he  had  imagined  it  had  been,  and  he  therefore 
now  begged  permission  to  have  it  included  in  the  return. 

Mr.  Hill  remarked  that  if  his  learned  friend  would  include 
all  the  documents,  he  would  at  once  consent. 

The  Attorney  General  was  not  asking  the  consent  of  the 
counsel  on  the  part  of  the  prisoners  ;  he  merely  asked  that 
he  might  be  allowed  to  set  out  the  whole  of  this  particular 
provincial  act,  of  which  a  part  only  now  appeared  on  the 
return.  At  present  the  preamble  and  the  second  return  were 
not  set  out.  There  could  be  no  doubt  their  lordships  had 
power  to  permit  this  to  be  done.  There  could  be  no  injus- 
tice to  the  prisoners  if  this  was  allowed. 

Lord  Denman. — You  object,  Mr.  Hill,  do  youT 

Mr.  Hill  replied  in  the  affirmative.  He  had  not  had  an 
opportunity  of  looking  into  the  power  of  the  court  in  reply 
to  his  friend's  application  ;  but  assuming  the  court  had  that 
power,  of  which  they  would  feel  quite  confident  before  they 
exercised  it,  he  should  oppose  the  application  and  put  it  to 
the  discretion  of  the  court.  He  apprehended  there  could  not 
be  a  worse  example  than  that  a  return  which  ought  to  be  full 
and  complete  in  the  first  instance,  should  be  modified  so  as  to 
suit  the  exigency  of  the  argument.  His  friend  had  said  they 
could  not  complain  of  the  documents  being  set  out  fully. 
So  far  from  complaining  of  that,  he  would  say  this,  that  if 
his  friend  would  put  the  warrant  in  the  return — if  he  would 
undertake  to  put  all  the  documents  on  the  return,  on  the 
part  of  the  prisoners,  he  would  concede  to  its  being  done ; 
but  he  hoped  his  friend  would  not  be  allowed  to  alter 
the  return  with  regard  to  one  document,  and  to  refuse  that 
which  he  could  not  but  conceive  was  common  jlistice.  His 
friends  had  spoken  of  an  indictment — let  them  set  that  forth; 
they  had  spoken  of  a  pardon — they  had  set  forth  a  portion 
of  that  pardon — would  they  set  forth  the  whole  of  it  1 — 
Would  they  set  forth  the  petition  of  the  prisoner  1   Would 


EMGLAND  AMD  VAN  DIEMAN^S  LAND. 


183 


they  set  forth  the  assent  of  the  prisoner  ?  Would  they  set 
forth  the  mode  by  which  the  Queen  had  signified  her  plea- 
sure to  the  jailer  of  Liverpool  that  he  should  receive  the;se 
persons  1  If  his  friends  would  set  forth  these  documents,  he 
should  consider  himself  justified  in  Consenting  to  the  altera- 
tion ;  but  when  he  found  his  friend  acting  upon  a  system  oi 
garbling  documents,  but  now  trying  to  set  forth  the  whole  ot 
some  one  document,  he  trusted  their  lordships  would  not 
exercise  their  power  for  any  such  purpose. 

Mr.  Roebuck  hoped  their  lordships  would  allow  him  to 
add  a  ftlw  words.  His  friend,  the  Attorney  General,  was 
here  in  his  great  public  capacity,  and  he  was  sure  in  the  dis- 
charge of  that  function  no  one  would  wish  he  should  act 
upon  an  opinion  which  he  knew  to  be  grounded  upon  imper- 
fect law.  The  Attorney  General  had  made  an  application  to 
put  in  his  return  certain  documents  which  he  had  found 
necessary.  His  friend  had  learned  what  was  the  real  nature 
of  transportation  in  Canada,  and  he  had  the  means  at  thi? 
moment  of  satisfying  the  court  as  to  the  law  upon  the  sub- 
ject. If  he  wished  to  set  forth  one  law — namely,  the  1st  ot 
Victoria,  would  he  set  forth  the  7th  of  William  IV,,  by 
which  their  lordships  would  be  made  cognizant  of  the  mode 
of  proceeding  in  cases  of  transportation  in  Upper  Canada. 
His  friend  was  standing  there  as  a  great  public  officer  in  the 
discharge  of  a  great  public  duty,  and  it  was  in  that  charac- 
ter he  addressed  him,  and  he  would  ask  him  why  he  did  not 
make  the  court  cognizant  of  the  whole  law  of  the  case  ? — 
Wishing  their  lordships  well,  and  wishing  justice  well,  he 
must  wish  they  should  give  a  fair  decision  ;  they  could  not 
do  so  unless  his  friend  put  them  in  possession  of  the  law, 
and  if  he  administered  justice  fairly  he  would  do  so. 

Lord  Denman  then  addressed  the  Attorney  General.  He 
applied  to  have  one  act  set  forth  in  full.  Mr.  Roebuck  said 
another  act  was  important  to  be  considered.  The  court 
could  not  tell  what  that  was,  but  if  it  could  be  in  any  way 
material,  if  it  had  reference  at  all  to  the  later  act,  it  seemed 
reasonable  that  that  should  appear  as  well  as  the  other.  It 
was  desirable  the  court  should  have  the  fullest  information 


184 


NOTES  OP  AN  EXILE,  ON  CANADA, 


they  could  possibly  obtain,  and  more  particularly  when  the 
court  could  not  help  knowing  that  the  uocuments  were  acces- 
sible. 

The  Attorney  General  was  not  aware  of  any  act  that 
would  give  information*. 

Lord  Denman  said,  any  thing  that  might  throw  light  upon 
the  state  of  the  law  with  reference  to  transportation  in  Upper 
Canada. 

The  Attorney  General  had  no  doubt  there  were  many  acts 
of  the  colonial  Legislature  respecting  transportation,  but  he 
was  not  aware  whether  they  had  relation  to  the  act  fh  ques- 
tion. He  had  prayed  that  the  whole  of  this  act  of  Parlia- 
ment might  be  set  forth  in  the  return.  He  had  imagined  that 
it  had  originally  been  stated ;  he  found  only  a  part  had  been 
given ;  he  was  content  with  that,  but  he  thought  the  whole 
had  better  appear.  He  did  not  wish  to  claim  any  thing  as  a 
matter  of  right,  but  he  apprehended  that  before  a  return  was 
filed  the  person  who  made  it  might  amend  it. 

Lord  Denman  said  the  first  thing  in  this  court  was  the  filing 
of  the  return,  and  that  must  be  done  before  any  discussion 
could  take  place  upon  it. 

The  Attorney  General  was  willing  to  bow  to  the  discretion 
of  the  court,  and  he  would  not  ask  any  thing  as  a  matter  of 
right  which  the  court  in  its  discretion  should  not  think  reason- 
able. 

Lord  Denman  said  the  court  thought  it  reasonable  that 
these  two  acts  of  Parliament  should  be  set  forth  on  the  return. 

Mr.  Hill  said  their  lordships  would  not  understand  him  as 
withdrawing  his  objection;  he  was  asking  that  all  the  docu- 
ments should  be  introduced. 

Lord  Denman. — We  are  clear  these  pre  documents  which 
exist,  and  we  think  it  reasonable  we  should  see  all  that  can 
possibly  bear  on  the  subject.  With  regard  to  the  others,  we 
don't  know  that  they  can  be  produced,  and  we  don't  know  the 
bearing  of  them. 

Mr.  Hill  said  they  had  one  of  them  present  then. 

Lord  Denman  thought  the  acts  of  Parliament  ought  to  be 
introduced;  but  the  court  would  not  impose  any  terms  as  to 
the  other  documents. 


EMOLAMD  AND  VAN  DIEMAN's  LAND. 


185 


The  Attorney  General  would,  then,  at  once  consent  that  the 
two  acts  of  Parliament  should  bo  introduced  in  the  return. 

Lord  Dcnmon. — Wo  w^  take  the  return  as  being  so  amend- 
ed. 


CHAPTER  XVI. 

Arguments  ContinueJ. — Judgment  by  Lord  Denmnn.— ProreedingR  againtt  tlio  Jilt- 
er  for  making  a  Falsa  Ueiurn. — The  Cuurt  of  Exchequer.— JuJjment,  iVc. 

Mr.  Hill  proposed  to  read  the  return  to  the  writ  issued  by 
Randall  Wixon,  and  he  would  wish  the  olficer  of  the  court  to 
read  so  much  of  the  return  as  would  give  the  date  of  the  in- 
indictment,  and  the  condition  of  the  pardon.  From  this  it 
appeared  that  the  indictment  was  for  hiixh  treason,  and  was 
dated  the  8th  of  March  last;  and  that  before  his  arraignment 
the  prisoner  Wixon  petitioned  the  lieutenant  governor,  con- 
fessing his  guilt,  and  praying  that  pardon  might  be  extended 
to  him  on  such  conditions  as  the  lieutenant  governor  should 
think  fit;  and  that  the  lieutenant  governor  had  consented  that 
jnercy  should  be  extended  to  him  on  condition  that  he  should 
be  transported  to  a  ponal  colony  at  Van  Dieman's  Land  for 
fourteen  years,  to  commence  from  the  date  of  his  arrival  at 
the  colony. 

Mr.  Hill  then  proceeded  to  Uddress  the  court.  It  now  be- 
came his  duty  to  move,  upon  reading  the  return,  that  the 
prisoner,  Randall  Wixon,  should  be  discharged.  What  he 
should  address  to  their  lordships  upon  this  case  would  be  in 
part  a  reply  to  the  observations  of  his  learned  friends  upon 
tlie  case  of  Leonard  Watson,  with  such  other  matters  as  arose 
from  the  difference  of  the  two  cases  of  Leonard  Watson  and 
Randall  Wixon,  the  return  to  whose  writ  had  then  been  read. 
It  must  always  be  matter  of  pain  to  him  when  the  mode  in 
which  he  had  been  compelled  to  conduct  his  case  was  painful 
to  the  feelings  of  any  of  his  learned  friends  who  were  oppos- 


186 


NOTES  OF  AN  EXILE,  ON  CANADA, 


ed  to  him,  and  this  was  more  so  when,  after  a  very  careful 
consideration  of  every  word  that  had  fallen  from  him  in  ad- 
dressing their  lordships,  he  could  #ot  feel  himself  permitted 
to  retract  any  one  observation  which  ho  then  and  now  tiiought 
it  his  duty  to  make.  He  could  not  see  what  possible  object 
had  been  attained,  except  that  of  not  husbanding  the  time  of 
the  court,  by  the  preliminary  objection  which  had  been  made 
by  his  learned  friends.  II is  friends  had  told  their  lordships 
that  the  authorities  upon  the  point  laid  bolbrc  thorn  were 
contradictory.  For  eighty  years  tiiere  had  been  nothing 
like  a  contradiction,  nothing  like  the  slightest  interference 
with  the  point,  and  he  bogged  before  he  left  this  topic,  as  he 
trusted  forever,  to  state  that  his  friends  had  been  led  into 
«an  inaccuracy  when  they  said  that  in  1758  it  was  only  a 
majority  of  the  judges  who  were  of  opinion  that  the  law  as 
it  then  stood  empowered  tiiem  to  grant  writs  at  common  law 
in  vacation.  On  the  contrary,  all  the  judges  had  been  unani- 
mous; but  there  was  a  ditference  on  another  point,  which  was 
this:  whether  that  had  always  been  the  law  ?  Upon  that  there 
was  difference  of  opinion,  but  that  it  was  the  law  in  1758  that 
a  judge  could  grant  the  writ  .in  vacation,  was  the  unanimous 
opinion  of  all  the  judges  present.  Mr.  Justice  Foster  was 
strongly  of  that  opinion,  though  then  absent,  and  Lord  Mans- 
field had  given  his  opinion  in  the  House  of  Lords.  It  was 
quoted  by  Lord  Hardwicke,  and  the  House  of  Lords  acted 
upon  it  by  throwing  out  the  bill  then  proposed  as  being  ne- 
cessary to  the  justice  of  the  case.  In  answer  to  some  obser- 
vations that  had  fallen  from  him  upon  tiie  monstrous  hard- 
ship of  supposing  against  these  prisoners  that  it  was  only 
necessary  for  somebody  who  happened  to  have  the  custody 
of  them,  whoever  he  might  be,  and  what  he  might  be — he 
might  be  the  most  infamous  of  men,  he  might  be  a  beggar,  a 
person  to  whom  it  might  be  a  mockery  to  suppose  there  could 
be  any  remedy  against  him  by  bringing  an  action  for  false 
imprisonment — yet  his  friend  said  he  had  got  rid  of  this  hard- 
ship by  calmly  teljing  him  that  this  man  now  on  his  way  to  a 
penal  colony  for  life,  might  bring  his  action  against  Bacheldor 
for  false  imprisonment.    This  Mr,  Bacheldor  might  be  a  most 


miMmmmatimmmmmm 


X 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


187 


lor 

)St 


respectable  man,  he  knew  nothing  against  him  nor  of  him; 
but  the  rule  would  be  the  same  if  he  had  been  a  person  whom 
nobody  would  believe  upon  his  oath,  or  convicted  of  perjury, 
or  the  most  infamous  of  mankind.  Tliis  was  no  remedy  at 
all.  He  spoke  not  his  own  opinion  —  ho  would  use  the  em- 
phatic language  of  Judge  Foster,  if  he  .ould  recollect  it,  as  a 
ground  upon  which  he  believed  there  must  be  some  means  of 
bringing  the  whole  facts  of  the  case  before  the  court,  and 
enabling  the  court  to  judge,  not  on  unauthorized  statements, 
for  which  the  parties  were  not  responsible,  but  upon  evidence 
to  be  given  upon  oath,  upon  which  their  lordships  could  judge. 
The  penal  consequences  to  the  prisoners  were  sutiiciently 
high,  that  he  need  not  aggravate  their  case;  but  supposing  this 
power  in  the  colony  had  not  sent  the  parties  here  to  be  trans- 
ported, but  had  sent  them  here  to  be  executed — supposing 
these  men  were  sitting  here  under  the  circumstances  upon 
which  two  men  did  sit  there  two  vcars  asfo  —  he  meant  Garude 
and  his  companion,  who  were  sent  there  for  execution  from 
Chester — supposing  their  lordships  were  called  upon  to  pro- 
nounce a  rule  consigning,»these  men  upon  some  such  law  from 
the  colony  for  execution — he  would  ask  if  it  would  be  possible 
their  lordships  could  sit  there  and  pronounce  a  rule  for  the 
execution  of  these  men  upon  that  unauthorized  statement  of 
a  person  who  was  only  the  prison  keeper  of  these  men — right 
or  wrong,  only  to  be  learned  from  that  man's  statement  him- 
self, of  matters  of  which  he  could  not  be  cognizant — of  mat- 
ters upon  which  he  must  necessarily  be  ignorant;  the  legal 
consequences  were  the  same,  though  less  appalling  than  the 
case  he  had  referred  to. 

The  Attorney  General  would  asw  his  friend  if  he  was  not 
traveling  out  of  the  return  1 

Mr.  Hill  did  not  know  why  his  friend  asked  that  question. 
He  had  not  traveled  out  of  the  four  corners  of  the  return:  he 
was  using  such  arguments  as  occurred  to  him  to  show  how 
important  it  was  that  with  the  little  light  his  friend  had  let  into 
the  case  their  lordships  would  look  at  the  return  with  the 
strictest  scrutiny,  and  judge  of  it  on  the  strictest  legal  princi- 
ple.   His  friend  said  there  was  no  hardship  because  in  exile 


188 


NOTES  OP  AN  EXILE,  ON  CANADA, 


iv' 


^v. 


I 


tliey  might  have  an  action  for  false  imprisonment! — some  of 
them  he  said  were  convicted  of  high  treason ;  if  so,  would  his 
friend  tell  him  how  they  could  maintain  an  action]  Others, 
his  friend  said,  were  in  a  state  equivalent  to  their  being  con- 
victed. These  were  not  private  communications,  they  were 
given  under  the  direction  of  the  court.  If  then  some  of  these 
men  had  been  convicted,  and  all  were  to  be  held  in  a  state 
equivalent  to  that  of  a  conviction,  let  his  friend  tell  him  how 
he  was  to  maintain  an  action.  But  as  he  had  said  the  man 
against  whom  the  action  was  to  be  brought  might  be  a  beg- 
gar, as  Foster  had  said,  not  worth  a  groat,  and  he  might  die 
and  there  nevei  might  be  a  mode  of  joining  issue.  There 
could  not  be  so  cruel  a  mockery,  or  which  more  excited  feel- 
ings of  indignation,  as  to  be  told  you  might  take  a  remedy, 
which  when  you  examined  it  was  an  illusion;  better  say  at 
once,  "You  must  submit  to  the  arm  of  power,  don't  seek  to 
better  your  condition,  patience  is  your  only  remedy;"  better 
say  this  than  to  state  that  which  is  only  to  excite  their  hopes, 
and  then  cruelly  to  disappoint  them.  He  was  a  good  deal 
mistaken  to  find  from  his  friend  that,  he  had  been  utterly  mis- 
taken in  supposing  the  statute  of  the  5th  of  George  IV.,  had 
any  bearing  as  far  as  it  was  an  enactment  on  this  case.  He 
did  not  find  the  slightest  reference  to  such  objection  in  the 
communication  of  his  friend. 

The  Attorney  General  would  wish,  if  his  friend  were  about 
to  make  use  of  any  papers  which  had  been  exchanged  be- 
tween them,  that  they  should  be  read. 

Mr.  Hill  would  read  them  instantly,  as  well  as  his  friend's 
answers.     The  objections  which  he  had  furnished  were  these: 

First. — There  has  been  no  conviction. 

Answer. — There  either  is  a  conviction,  or  that  which  is 
equivalent  to  a  conviction. 

Second. — There  is  no  judgment  to  wan'ant  transportation. 

Answer. — Same  as  conviction. 

Third. — That  the  governor  had  no  legal  power  to  award 
transportation. 

Answer. — The  governor  had  legal  power  to  make  transpor- 
tation the  condition  of  a  pardon. 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


189 


mis- 
had 
He 
the 


Fourth. — That  the  transportation  had  not  been  legally  con- 
ducted. 

Answer. — It  was  legally  conducted. 

Fifth. — The  jailer  had  no  warrant  to  authorize  him  to  re- 
ceive or  detain  the  prisoners. 

Answer. — No  warrant  was  necessary. 

Sixth. — That  various  documents  were  not  set  out  with  suf- 
ficient particularity. 

Answer. — That  they  were  set  out  with  sufficient  particu- 
larity. 

Seventh. — That  the  averments  contained  in  the  return 
were  unsupported,  and  were  bad  from  generality  and  vague- 
ness. 

Answer. — That  they  were  recited,  and  were  sufficient. 

And  his  learned  friend  had  added  that  he  contended  with 
respect  to  the  nine  persons,  that  they  were  liable  to  be  trans- 
ported according  to  the  terms  of  the  condition  of  their  pardon, 
and  with  respect  to  the  three  persons,  they  were  liable  to 
transportation  under  the  commutation.  His  learned  friend 
said  that  as  an  enactment  the  5th  George  IV.  was  immaterial 
to  this  question,  and  therefore  the  restriction  in  the  5th  of 
George  IV.  to  the  reception  of  convicts  had  nothing  to  do  with 
these  cases;  that  the  5th  of  George  IV.  was  very  material  to 
his  friend's  case,  because  if  he  understood  his  friend,  and  the 
argument  was  very  ingenious,  he  said  that  the  recital  in  the 
preamble  of  the  17th  section  was  a  legislative  recognition  of 
the  validity  of  laws  which  were  thus  described:  "Whereas, 
by  the  laws  now  in  force  in  some  parts  of  her  Majesty's  do- 
minions, not  within  the  United  Kingdom,  offenders  convicted 
of  certain  offijnses  were  liable  to  be  punished  by  transporta- 
tion, and  other  convicts  were  adjudged  to  suffer  death  who 
might  receive  pardon  on  condition  of  transportation,  and  there 
are  no  means  of  transporting  such  convicts  to  such  places 
without  bringing  them  first  to  England,  be  it  therefore  enact- 
ed," &c.  His  friend's  use  of  the  statute  began  and  ended 
with  this  recital.  Now,  first  let  him  observe  that  there  was 
nothing  so  weak,  so  false  of  the  facts,  as  a  mere  recital  in  an 
act  of  Parliament.    It  was  every  day's  knowledge  that  these 


190 


NOTES  OF  AN  EXILE,  ON  CANADA, 


facts  were  unfounded.  A  case  was  lately  before  Mr.  Justice 
Coleridge  in  which  it  was  quite  clear  that  a  most  important 
fact  upon  which  a  large  claim  depended — he  alluded  to  the 
case  of  the  fiaron  De  Bode — had  been  omitted  entirely  in 
the  recital  of  the  act  of  Parliament,  and  therefore  when  his 
friend  said  this  recital  was  to  be  evidence,  nay  more,  proof 
of  the  fact,  for  if  it  was  a  fact  that  there  were  such  foreign 
laws,  he  would  say  it  was  the  worst  of  all  means  of  proving 
it.  But  his  friend's  argument  was  not  complete  there,  be- 
cause it  might  be  that  the  colonies  had  power  to  make  these 
laws,  not  propria  vigore^  but  by  virtue  of  some  power  con- 
ferred upon  them  by  the  imperial  Parliament;  but  then  it 
went  on  to  say  they  had  examined  the  statutes  so  carefully, 
that  they  could  take  upon  themselves  to  say  that  there  was 
no  statute  giving  that  power,  and  therefore  it  necessarily 
followed  that  the  power  must  have  been  an  inherent  power 
in  such  legislative  assembly.  Although,  in  the  first  place, 
his  friends  had  assumed  that  the  power  which  they  said  was 
recognized  as  a  power  to  transport  from  the  colonies,  it  was 
not  ad  fines,  but  intra  fines,  of  some  other  jurisdiction.  That 
was  their  assumption — not  that  it  was  a  power  to  transport 
out  of  the  colony,  and  so  far  from  the  colony  as  the  prisoners 
might  be  taken  without  going  into  another  country,  over 
which  the  colony  had  no  control ;  but  they  assumed  that  the 
power  which  they  thus  assumed  was  recognized  as  a  power 
to  go  into  that  country.  In  the  first  place,  what  was  there 
in  the  recital  that  they  relied  upon  for  proving  that  proposi- 
tion 1  The  words  were  simply  these — that  whereas,  by  laws 
now  in  force,  offenders  were  liable  to  be  transported  beyond 
the  seas,  &c.;  therefore  the  fact  failed,  but  not  only  the  fact 
but  the  law  failed.  They  were  calling  upon  the  court  to 
suppose  that  which  he  would  submit  was  a  legal  absurdity. 
How  could  there  be  a  law  in  Lower  Canada  enabling  the 
governor  of  Lower  Canada  to  thrust  his  convicts  upon  any 
other  colony — ^Bermuda,  for  instance?  But  how  had  the 
governor  of  Lower  Canada  a  right  to  inflict  his  convicts  upon 
Bermuda?  Had  he  a  right  to  bring  persons  to  Bermuda,  and 
hold  them  in  that  species  of  restrain  which  was  part  of  the 


ENGLAND  AND  VAN  DIEMAN'S  LAND. 


191 


punishment  of  transportation'?  He  apprehended  it  to  be  a 
principle  of  the  general  law — a  general  principle  to  be  found 
in  the  codes  of  all  civilized  laws^  which  was,  that  no  man 
could  be  held  in  restraint  in  any  country  but  by  virtue  of  the 
laws  of  that  country  in  which  the  offense  was  committed, 
and  in  which  he  was  convicted.  Did  his  friend  mean  to  say 
that  on  the  5th  of  George  < IV.  (because,  if  that  was  any 
recognition,  it  recognized  the  state  of  the  antecedent  law)  — 
did  his  friend  mean  to  say  that  by  that  antecedent  law  the 
colony  might  have  sent  convicts  to  England  under  sentence, 
in  order  that  it  might  be  decided  how  they  should  be  dealt 
with?  Supposing  that  by  the  law  of  Upper  Canada  the  con- 
victs were  to  work  in  chains  in  the  open  streets,  was  it 
meant  to  be  said  that  the  governor  of  Upper  Canada  could 
have  inflicted  those  convicts  upon  us  in  London,  and  worked 
them  in  chains  in  our  streets'?  His  friend  might  conceire 
there  was  some  law  to  send  them  away,  but  he  (Mr.  Hill) 
would  go  further,  and  say  that  it  required  a  positive  law  that 
he  should  be  held  and  detained  in  the  countries  through 
which  he  might  pass.  All  the  cases  put  by  his  learned  friend 
Sir  F.  Pollock  were  to  be  considered  as  having  no  founda- 
tion. His  friend  had  said,  if  a  ship  containing  convicts  were 
to  put  into  our  waters  by  stress  of  weather,  would  those 
convicts  have  a  right  to  a  habeas  corpus?  He  would  say  they 
would  have  that  right,  unless  by  treaties  between  the  coun- 
tries there  were  limits  put  to  that  power.  There  was  a  case 
in  point:  sometime  ago  there  was  a  vessel  wrecked  with  con- 
victs off  Boulogne,  and  many  of  the  convicts  were  saved,  but 
he  had  never  heard  that  any  of  these  convicts  had  been  sent 
back  to  England,  or  had  been  detained.  Their  lordships 
had  asked  a  question  to  which  he  had  not  heard  his  friends 
give  any  answer.  If  that  were  a  part  of  the  law  of  nations, 
their  lordships  asked  what  we  were  to  do  with  a  prisoner  of 
the  inquisition,  or  with  a  persecuted  protestant?  Was  it  a 
breach  of  the  law  of  nations  when  we  received  the  persecuted 
protestants  of  Louis  XIV.'?  If  it  were,  he  hoped  we  might 
break  such  a  law  of  nations  every  day  in  the  year,  and  every 
century;  but  there  was  no  such  law;  the  whole  law  of  chris. 


192 


NOTES  OF  ^N  EXILE,  ON  CANADA, 


1^ 
[  i-' 


!  o 


■  t 


tianity  had 'been  against  it.  One  country  was  a' refuge  for 
exiles  of  another,  without  a  breach  of  the  law  of  nations. 
Did  ever  the  Emperr  of  Russia,  despot  as  he  was,  pretend  to 
say  we  were  guilty  of  a  breach  of  the  law  of  nations  in  giv- 
ing a  refuge  to  the  Poles,  who  were  convicted  or  stood  in 
a  similar  situation  to  those  whom  the  Captain  Ross  had 
brought  here?  Transportation  was  not  banishment.  One 
country  had  a  right  to  banisl^  its  subject ;  either  setting  him 
free  on  the  confines  of  his  own  country,  or  taking  him  to  the 
confines  of  another  country.  What  his  friends  were  contend- 
ing for  here,  was  the  existence  of  an  inherent  power  in  the 
provincial  legislature,  to  enact  a  law  which  should  be  bind- 
ing out  of  the  province,  and  justify  the  detention  and  penal 
punishment  of  an  offender  in  foreign  parts  of  the  British  do- 
minions. It  struck  him  when  his  friend  was  arguing  this 
question,  that  he  forgot  that  great  controversy  on  this  point 
which  took  place  in  Parliament  last  session.  His  friend  (the 
Attorney  General)  took  a  prominent  part,  as  he  was  bound, 
in  that  very  discussion,  and  was  of  opinion,  as  were  nearly 
all  the  members  in  both  Houses  of  Parliament,  that  transpor- 
tation from  Lower  Canada  to  Bermuda  under  Lord  Durham's 
ordinance  was  illegal.  How  did  this  case  differ  from  that? 
And  yet  Parliament  found  it  necessary  to  indemnify  all  who 
acted  under  that  ordinance.  A  similar  act  of  indemnity 
might  with  equal  propriety  be  passed  in  this  case.  He 
thought  that  a  reply  to  his  learned  friend's  objection.  His 
first  objection  was  that  there  was  no  conviction  or  judgment 
against  the  prisoner;  next,  that  the  statute  referred  to  did  not 
justify  transportation.  That  statute  was  now  before  the 
court,  and  would  receive  their  lordship's  most  deliberate  at- 
tention. Hd  was  speaking  under  some  disadvantage  as  he 
had  not  been  able  to  obtain  a  copy  of  it,  but  he  must  under 
the  circumstances,  do  the  best  he  could.  Their  lordships 
would  see  that  the  first  part  of  it  was  imperative,  that  the 
penalty  was  a  very  great  one,  a  very  heavy  one,  being  in 
fact  a  forfeiture  of  all  the  person's  property  real  and  person- 
al. Moreover,  the  prisoner's  punishment  was  to  commence 
at  an  uncertain  period  in  future,  viz.,  the  time  of  his  arrival 


EN  GLAND  AND  VAN  DIBMAN  8  LAND. 


193 


in  Van  Dieman's  Land.  Had  his  punishment  any  reference 
to  his  guihl  No;  but  to  be  determined  by  the  accident  of  the 
wind  and  waves;  by  the  necessity  or  non-necessity  of  his 
coming  to  England.  This  was  a  punishment  unknown  to 
law,  a  punishment  unknown  to  the  laws  of  every  civilized 
country,  irreconcilable  with  every  principle,  not  merely  of 
humanity  but  of  justice. 

His  next  great  point  was  this:  that,  supposing  the  tram- 
portation  well  begun,  in  its  inception  good,  and  to  have  been 
authorized  to  the  extent  of  Sir  George  Arthur's  warrant., 
yet  this  point  of  immense  importance  to  the  liberty  of  the 
subject  arose,  was  his  warrant  good  beyond  Upper  Canada, 
or  did  it  expire  in  Lower  Canada]  There  had  been  a  trans- 
fer of  authority  in  this  case ;  nay,  transfer  it  was  not,  for 
it  was  the  expiration  or  fulfillment  of  all  authority  in  Go- 
vernor Arthur,  and  an  assumption  of  authority  over  the 
prisoner  by  Governor  Colborne.  Then  again  the  prisoner's 
course  of  transit  was  changed  entirely  by  Governor  Colborne, 
and  he  is  sent  to  England  upon  an  alleged  necessity;  a  neces- 
sity  so  alleged  by  the  jailer  of  Liverpool.  A  most  important 
principle  arose  in  this.  Our  law  is  so  strict,  as  to  dealing  with 
one  man  by  another,  that  it  is  a  principle  of  our  law  that  if  a 
person  is  executed  by  any  other  person  than  the  sherif,  he  is 
considered  as  a  murdered  man,  and  the  person  who  performed 
it  as  a  murderer,  and  may  be  hanged  as  such.  Could  he  give  a 
stronger  instance  to  show  that  it  was  not  because  a  man  was 
criminal  that  any  person  has  a  right  to  transport  him.  Could 
a  person  in  Lower  Canada,  who  found  this  man,  assume  the 
responsibility  of  sending  him  to  Van  Dieman's  Land?  On 
these  points  his  learned  friend  had  given  no  answer.  It  did 
not  appear  that  her  Majesty  had  given  any  directions,  or 
signified  her  pleasure  with  regard  to  the  prisoner.  The  man 
had  come  to  England,  and  Mr.  Morton,  the  private  master 
of  the  private  vessel,  elects  to  go  to  Liverpool,  and  also 
elects  to  put  the  prisoner  under  the  custody  of  the  jailer 
there.  If  Morton  had  the  power  of  detaining  him,  could  b« 
not  have  handed  him  over  to  any  person]  It  amounted  to 
this,  that  a  person  was  selected  at  the  caprice  of  a  private 

13 


iM 


irOTCS  OF  AN  EXiLZ,  Otr  OANAbX) 


master,  who  had  been  met  with  by  hap.hazard,  who  vras  t# 
detain  the  prisoner,  though  authorized  by  no  document  at 
all.  Suppose  these  men  had  gon6  through  Nova  Scotia,  and 
there  tiprisen  and  overpowered  the  master,  would  they  have 
been  guilty  of  tauifder'?  He  boldly  asked  his  learned  friend 
that  question,  and  if  he  ttnswered  in  the  afHrmative,  he 
wished  to  know  on  what  authorityT  He  asserted  that  they 
would  have  been  perfectly  justified  in  obtaining  their  lib- 
erty by  physical  force,  and  England  for  that  purpose  wa* 
the  same  as  Nova  Scotia.  They  wer^  held  by  a  person 
who  had  committed  lan  act  of  Violence  in  detaininsr  them  at 
all,  who  had  no  ailthority,  ft  self-elf'cted  keeper  of  them, 
and  upon  whose  statement  their  lordships  were  asked  to 
send  them  ifttO  elxile  for  life.  Their  lordships  were  called 
on  to  form  a  most  solemn  precedent,  which,  by  and  by, 
might  render  the  habeas  corpus  useless  to  the  subject.  But 
AVhat  would  they  do  for  liberty  if  this  writ  of  right  came  to 
this,— ^that  arty  man  bold  enough  to  put  upon  a  return  to 
the  writ  that  he  was  convicted  somewhere  a  long  distance 
off,  and  was  on  his  way  to  Van  Dieman's  Land,  and  that  he 
held  him  safely  until  a  vessel  was  prepared  for  that  purposel 
Any  person  so  dealing  might  insure  to  another  transporta- 
tion for  life.  His  learned  frrend  'said  this  was  no  hardships 
that  the  person  might  bring  his  action ;  but  perhaps  the  man 
Who  wronged  him  might  leave  the  country.  With  these 
observations  he  should  conclude  by  moving  that  the  priso-- 
ner,  Randall  Wixon,  and  indeed  all  whose  returns  were  the 
s^me,  be  discharged. 

Mr.  Roebuck,  in  offering  a  few  remarks  \ipOn  the  present 
case,  wished  to  remove  from  their  lordsb'p's  minds  an  impres- 
sion which  possibly  might  have  been  created  of  the  merciful- 
ness of  this  procceeding.  In  all  the  law  books  he  had  not 
found  any  description  of  judgment  like  the  one  by  which  the 
prisoners  had  been  subjected  to  detention,  except  in  2  Insti^ 
tuteSf  and  Lord  Coke  uses  this  remarkable  expression  respect- 
iftg  it— he  says:  "A  philosophical  poet  of  antiquity  had  nobly 
described  the  damnable  and  damned  proceedings  of  the  judg* 
4h  Hell,-^ 


IMOLAND  AND  VAN  DIBMAN's  LAITD. 


M6 


'Gnottiu*  Iiae  RaHamanlhus  hab«t  HuriMima  refn»; 
CMtigatque,  auditque  dolot,  lubigiviue  fatcci,' 

4nd  also, — 

• —  fixit  leges  pr^lis  Bfqtie  rrfixit:  * 

first  he  punishcih.thcfn  he  hcarcth,  and  lastly,  he  compellefli 
to  confess,  making  and  marring  laws  at  his  pleasure,  whidh 
all  good  judges  must  abhor."     This  was  the  only  authority 
which  he  (Mr.  Roebuck)  could  find  apjiilicable  to  the  prcseikt 
case.     The  return,  first  of  all,  set  forth  as  a  justification  6f 
the  detention  of  the  prisoners  an  illegal  act  done  in  Canada. 
It  was  provided,  by  an  act  df  Uj)per  Canada,  that  the  gover- 
nor might  commute  the  sentence  of  death  passed  upon  any 
person  convicted  of  any  capital  crime  other  than  high  treason 
or  murder.     The  governor  cotild  not,  however,  pardon  fOr 
high  treason  or  murder  in  any  case,  unless  'he  had  special  in- 
structions from  home  to  do  so,  and  in  the  present  case  he  haid 
no  such  instYuctions.     The  astuteness  of"  the  Upper  Canadian 
lawyers,  in  framing  the  act  6f  1  Victoria  with  the  view  of 
obviating  this  difficulty,  Was  only  one-eyed.     Again,  this  aCt 
,gave  the  governor  power  to  pardon  before  trial;  but  was  it 
'  to  be  inferred  as  a  necessary  consequence  that  the  trial  was 
to  be  done  away  with?     Supposing  tlie  act'to  have  run  thus: 
lliat  on  petition  and  on  coi'ifcssion  of  guHt,'  parties  might  be 
sentenced  to  such  punislimcnt  as  the  governor  might  deem  fit, 
and  that  such  sentence  Ghoukl  have  the  ciTcet  of  a  conviction; 
the  Attorney  General  would  then  have  been  relieved  from  a 
great  deal  of  difficulty;  but  did  their 'lordships  believe  that 
any  persons  would  have  petitioned  under  such  an  act,  though 
tliey  might  under  an  act  the  provisions  of  which  to  the  vulgar 
seemed  one  thing,  while  to  the  astute  lawyer  they  signified 
another?     He  maintained  that  there  was  nothing  in  this  act 
•which  dispensed  with  the  trial  of  the  prisoners,  and  had  they 
been  arraigned  before  a  coui't  df  law,  they  might  have  plead- 
ed their  pardon  of  which  then  there  would  have  been  a  public 
record     He  contended  that  the  condition  in  the  present  case 
was  illegal.    It  was  illegal  for  the  prisoners  "to  receive  punishr 
ment  by  contract  and  without  trial. — He  passed  now  to  ai»- 
Aothar  objection,  which  tvas  that  for  "transportation  o»X  of 


196 


HOTM  OP  AM  EXILE,  ON  CANADA, 


Upper  Canada,  extra  Jines,  there  must  be  two  concurrent 
jurisdictions;  and  this  argument  applied  just  as  well  to  the 
imperial  Parliament  as  to  the  colonial  Parliament.  He  assert- 
ed that  the  Legislature  of  Upper  Canada  could  not  direct  any 
persons  to  be  sent  to  Van  Dieman's  Land,  a  place  assigned  for 
the  reception  of  convicts,  except  such  as  the  law  of  England 
permitted  to  be  so  transported,  and  that  law  never  by  possibil- 
ity contemplated  that  persons  should  be  transported  without 
being  convicted.  He  did  not  mean  to  say  that  the  Parliament 
would  not  have  passed  any  provision,  however  outrageous, 
but,  luckily  for  the  prisoners,  such  a  provision  as,  was  needed 
to  justify  their  detention,  had  never  been  passed.  The  Cana- 
dian law  had  wisely  provided  that  parties  convicted  before 
a  judge  should  be  attended  by  a  judge's  warrant;  because 
under  the  British  law  it  was  clear  they  could  not  be  carried 
to  Van  Dieman's  Land  without  evidence  of  their  conviction. 
Where  was  the  judge's  warrant  in  this  caset  It  was  not  to 
be  found,  for  the  proceeding  was  not  judicial  but  entirely  ex- 
ecutive. These  were  the  reasons  on  which  he  asked  their 
lordships  to  discharge  the  prisoners.  He  would  not,  as  per- 
haps he  might  do,  and  as  ulterior  proceedings  might  compel 
them  to  do,  revert  on  the  present  occasion  to  the  exceedingly 
imperfect  nature  of  the  evidence.  He  would  not  state,  how- 
ever true  the  statement  might  be,  that  the  prisoners  had  never 
petitioned.  Their  lordships  had  not  sufficient  evidence  of  the 
facts  on  which  these  prisoners  were  to  be  deprived  of  their 
liberty  for  life;  and  he  had  no  doubt  that  their  lordships,  in 
the  due  administration  of  justice,  would  give  his  learned  friend 
and  himself  an  opportunity,  before  it  should  be  too  late,  of 
showing  the  falsity  of  the*  return. 

The  Attorney  General  said  with  respect  to  his  own  conduct 
he  hoped  that  stood  in  no  need  of  vindication;  and  he  had  no 
hesitation  in  avowing  that  (having  every  reason  to  believe 
that  the  prisoners  had  been  guilty  of  high  treason  in  Upper 
Canada,  by  engaging  in  a  traitorous  conspiracy  and  rebellion 
to  detach  that  province  from  the  Crown,  and  had  been  merci- 
fully dealt  with)  he  should  do  every  thing  in  his  power  to 
prerent  thdm  from  escaping  with  impunity,  and  to  procure 


eifOLAIlD  AMD  VAN  DIEMAN^S  LAHB. 


W7 


of 


the  execution  of  the  sentence  which  had  been  pronounced  om 
them.  The  interests  of  this  country  imperatively  required 
that  they  should  not  escape  with  impunity,  and  he  would  dis- 
charge to  the  best  of  liis  ability  his  duty  to  the  Crown  and  to 
the  public.  He  maintained  that  the  act  of  Ist  Victoria  was 
framed  in  the  pure  spirit  of  mercy,  because  it  only  gave  those  , 
against  whom  the  charge  was  brouglit  cither  to  stand  a  trial 
before  a  regular  tribunal  of  the  country  at  the  peril  of  their 
lives,  or  to  confess  their  guilt  and  throw  themselves  on  the 
mercy  of  the  crown.  There  was  no  compulsion,  no  forced 
confession;  it  was  tlie  voluntary  spontaneous  act  of  the  guilty 
men.  There  was  not  the  smallest  pretence  for  the  assertion 
of  his  learned  friends,  that  the  governor  of  Upper  Canada  had 
no  power  to  grant  pardon  for  high  treason.  In  tl^is  return 
which  was  to  be  taken  for  true,  it  was  asserted  that  the  Ist  of 
Victoria,  c.  10,  was  duly  passed,  and  had  duly  received  the 
assent  of  the  governor.  The  act  commonly  called  thejCana- 
dian  act  made  it  lawful  to  commute  the  sentence  of  death  for 
high  treason  with  authority  from  his  Majesty,  so  that  a  person 
■o  convicted  might  be  sentenced  to  transportation  for  life. — 
Chapter  7th  of  the  act  7th  William  IV.  related  to  the  trans- 
portation of  convicts,  and  clearly  showed  that  when  that  act 
of  Parliament  passed,  there  were  laws  in  existence  and  in 
force  in  Upper  Canada,  whereby  persons  might  be  lawfully 
transported.  The  section  on  which  his  learned  friend  (Mr. 
Roebuck)  had  commented,  required  that  in  the  cases  to  which 
the  act  applied,  a  judge's  warrant  should  be  granted — that  an 
instrument  under  the  sign-manual  of  the  governor  should  go 
to  the  judges,  and  be  their  authority  for  passing  the  sentence 
of  transportation,  but  this  bad  no  relation  to  cases  under  the 
Ist  Victoria,  c.  10,  which  proceeded  in  a  totally  different 
mode,  and  where,  on  the  petition  of  a  prisoner,  after  indict- 
ment, instead  of  a  trial  a  pardon  was  granted  on  such  terms 
and  conditions  as  the  governor  might  think  proper. 

It  appeared  from  the  provincial  acts  of  Parliament,  that 
for  a  long  course  of  years  the  Canadian  Legislature  had  beem 
in  the  habit  of  passing  laws  imposing  transportation  as  a  pun- 
ishment for  guilt,  and  what  were  their  lordships  how  called 


m 


irOTB»  or  AN  BlILI,  ON  OANAIHI|. 


upon  to  doT — ^nothing  short  of  thi9,<^^to  pronounce  their  judg*^ 
ment  on  a  return  to  a  writ  oi^  habeas  corpus,  that  ail  these  acti' 
were  void;  that  every  thi«i^  done  under  tlicm  was  illegal;  that 
oonvicts  suflfcring  under  the  sentence  innpoBcd  upon  them  by 
the  courts  of  Upper  Canada,  and)  under  any?  other  colonials 
.  law,  must  immediately  be  released;     There  could,  be  no  doubt 
that  this  practice  had  existed  for  many  ycnis-^it  had  contin- 
ued down  to  the  present  day,  and  their  lordships  wore  now- 
called  on  to  say  that  all  the  courts  of  justice  and<all  the  exo- 
cutive  officers  of  the  Crown  had  been  doing  what  was  illegal, 
and  for  which  they  were  liable  to  be  punished.     As  to  the 
manner  in   which   this  sentence  had  been  pronounced,  hii 
learned  friend  had  taken  a  distinction  between  this  and  Wat- 
son's case.     The  condition  of  Watson's  pardon  was  transpor-- 
tation  for  life,  which  was  a  punishment  known  to  the  law;  but* 
inasmuch  as  transportation  for  » term  of  years,  to  commence 
from  the  arrival  of  the  convict  in  the  penal  colony,  was  not' 
ktiown  to  the  law,. although  Watson  might  be  detained,  Wixon,- 
it  was-  insisted,  must  be  discharged.'     It  should  be  observed, 
however,  that  the  period  of  the  punishment  did  not  constitute 
theessenoeof  the  punishment — it  was  the  transportation.    If 
there- was- a  power  in  the  Legislature  to  enact  a  law  affixing  a 
sentence  of  transportation  for  Mo  to  particular  crimes,  there 
must  also  be  a  power  to  transport  for  any  period  short  of  life; 
and  the  calculation -might  be  made  in  any  way  the  governor^ 
thought  fit;  it  might  be  from  a  given  event,  from  the  period  of 
the  prisoner  leaving  Upper  Canada,  or  from  his  .arrival  in  Van 
Dieman's  Land.     Without  at  all  meaning  to  contend  that  mu- 
tilation would  be  lawful,  he  maintained  that  any  conditiooi 
short  of  life  or  member  would  be  lawful.     It  had  been  gravely 
argued,  that  if  at  any  stage  in  these  proceedings  any  irregu- 
larity or  departure  from  the  law  had  taken  place,  the  deten- 
tion of  the  prisoner  was  illegal,  and  he  was  entitled  to  his 
discharge;  but  he  contended,  on  the  contrary,  that  if  the  sen- 
tence were  valid,  every  thing  was  lawful  that  was  necessary 
for  the  purpose  of  carrying  it  into  execution;  all  they  had  te^ 
tee  was  that  the  sentence  had  been  pronounced,  and  that  what 
Has  done  was  iik  execution,  of.  the  sentence.    Suppose  the 


INOLAITD  AND  VAN  DIBMAN'*  LAND. 


190 


■hip  ^hich  was  bringing  Wixon  to  England  had  been  wrecked 
<fa  tho  coast  of  Lancashire,  and  that  ho  with  some  others  in 
similar  circumstances  had  been  saved,  while  the  captain  was 
drowned;  could  it  be  said,  if  notice  of  tho  event  had  been 
communicate  I  to  the  secretary  of  atatc,  and  orders  had  been 
given,  that  uny  jailer,  taking  these  persons  into  custody  and 
detaining  theni  till  the y  -  ould  be  sent  to  Van  Dicman's  Land, 
would  be  anting  *il<'^aUy?  In  that  case  a  shipwreck  would 
be  the  revocation  of  their  sentence,  and  they  could  go  to 
whatever  quartor  of  the  globe  thoy  pleased  He  maintained 
that  the  period  of  their  transportation  not  Ucing  expired,  ami 
nothing  being  done  but  what  was  necessary  for  carrying  the 
sentence  irUo  execution,  they  could  have  no  cause  for  com- 
plaiat,  and  their  imprisonment  would  be  legal.  In  conclusion, 
ho  hoped  their  lordships  would  decide  without  difficulty  ihs^t 
justice  should  be  done,  and  that  the  prisoners  would  suffer  tlye 
penalties  to  which  by  their  crimes  they  had  become  liable. 

After  some  remarks  by  the  Solicitor  General,  on  the  same 
tide,  Lord  Denman  inquired  of  Mr.  Hill  whether  it  was  in- 
tended to  bring  any  more  case^  before  the  court. 

Mr.  Hill  said  his  feelings  ^i  the  present  moment  would  be, 
not  to  bring  forward  any  other  of  these  cases,  as  the  argu- 
paents  which  he  had  advanced  would^  in  general,  apply  tp 
all. 

Lord  Denman. -T- We  understood  there  was  a  distinction 
in  two  cases,  but  with  regard  to  the  others,  they  would  fol- 
low ;  if  one  was  good,  all  were  good.  Some  were  in  the 
more  favorable  condition  of  having  been  convjicted,  and  not 
having  accepted  a  conditional  pardon.  We  were  consider* 
ing  whether  it  would  be  desirable  to  hear  you  now,  unless  no 
other  case  would  be  brought  before  us. 

Mr.  Hill,  after  consulting  his  learned  colleagues,  said  his 
friends  olearly  agreed  with  l^im  in  opinion  that  they  would 
have  no  advantage  tantamount  to  taking  up  the  time  of  the 
cou(t  in  having  an  adjournment,  ^nd  therefore,  if  their  lord- 
ships would  allow  him,  he  would  at  once  make  a  few  ob- 
tervations  in  reply. 

^^  was  Rure  that  at  that  l%te  hou;  he  9hould  not  be  ym* 


200 


NOTES  O^  AH  VXn.E>  ON  CANADA, 


pected  of  abandoning  any  of  his  arguments  because  he  did 
not  repeat  them,  or  retiring  from  any  ground  which  he  had 
previously  taken.     He  said  that  these  men  were  not  kept  by 
any  power  which  had  force  in  £ngland,  and  that  if  he  should 
consider,  for  the  sake  of  argument,  that  thoy  were  well  dealt 
with  up  to  the  very  moment  of  coming  within  the  power  of 
the  law  of  England,  that  while  they  were  within  that  law 
they  were  of  necessity  within  the  ambit  of  the  law  of  Eng- 
land and  out  of  the  power  of  the  jurisdiction  which  sent  them 
there,  and  therefore  they  were  not  free.    The  next  point  upoh 
which  his  friends  had  dwelt  was  the  validity  of  this — what 
could  he  call  it? — not  conviction;  sentence  he  could  not  call  it 
— the  validity  of  this  nondescript  power  and  exercise  of  power 
by  which  the  transportation  had  begun.     It  had  been  thrown 
out  by  his  friend  the  Solicitor  General,  that  the  King  by  his 
prerogative  could  commute  the  punishment  of  treason  to 
transportation,  the  prisoner  consenting.    There  was  no  foun- 
dation for  such  an  opinion.     It  was  distinctly  laid  down  that 
at  common  law  no  man,  whether  guilty  or  not  guilty,  lelon  or 
not  felon,  could  be  sent  out  of  the  kingdom  as  a  transported 
person.     Mr.  Chitty,  in  his  book,  had  stated  many  authorities 
for  this  statement ;  transportation  or  exile  was  generally  re- 
garded as  next  to  death  in  the  scale  of  punishments,  though 
it  might  scarcely  amount  to  punishment  at  all  in  the  estima- 
tion of  those  who  endured  it.     It  was  unknown  as  a  penalty 
to  the  common  law  of  England,  and  it  was  expressly  provided 
by  Magna  Charta  that  no  freeman  should  be  banished  but 
by  his  peers  and  the  law  of  the  land,  and  it  was  contrary  to 
common  law  and  to  Magna  Charta  to  say  that  the  King  had 
the  power  without  the  consent  of  the  prisoner,  to  change  his 
punishment  from  death  to  transportation.     i3ut  this  consent, 
which  otherwise  might  be  created  at  any  time,  was  made 
effectual  by  having  the  conviction  and  judgment  to  which 
to  recur  if  the  criminal  did  not  fulfill  the  conditions  of  his 
pardon,  and  the  prisoner  would  go  to  his  exile  because  he 
knew  the  punishment  of  death  was  still  hanging  over  him, 
and  if  he  did  not  act  with  good  faith,  that  punishment  of 
death  would  be  executed  upon  the  judgment.    But  suppos* 


ENOLAMD  AND  VAN  DIRMAN^fl  LAND. 


801 


ing  it  to  be  granted  that  the  King  might  commute,  indcpen- 
dent  of  the  consent  of  the  prisoner,  the  punishment  of  trans- 
portation for  the  punishment  of  doalh  in  treason,  he  would 
lay  that  the  governor  of  Upper  Canada  was  not  the  King. 
ft  was  matter  of  notoriety,  that  in  all  patents  the  power 
of  pardoning  fgr  treason  and  murder  was  excluded,  but  h« 
would  submit  that  their  lordships  must  see  the  power  before 
they  could  know  whether  the  governor  had  this  power  or 
not ;  their  lordships  w'cre  not  to  presume  it.  This  was  all 
that  was  necessary  for  him  to  say  upon  this  point.  With 
regard  to  the  question  of  the  necessity  of  a  wnrrant,  he  must 
make  a  few  observations.  His  friends  had  been  obliged  to  us« 
inconsistent  arguments,  because  the  facts  on  the  return  were 
inconsistent.  He  had  been  ask<Hl  who  could  grant  a  warrant 
in  this  country]  He  had  never  sugges'i.'d  that  anybody  could, 
and  this  was  a  difficulty  uj>on  his  friends,  because  they  were 
referring  to  the  warrant  of  Sir  J.  Colborne.  If  Sir  John  Col" 
borne,  who  stood  in  the  same  relation  to  Upper  Canada  as  Eng- 
land did  to  Upper  Canada,  that  of  a  distant  jurisdiction — if  in 
Lower  Canada,  it  was  necessary  to  move  these  men  about  by 
warrant,  then  it  was  necessary  in  England.  If  it  was  not  ne- 
cssary  to  have  a  warrant  in  Lower  Canada,  they  were  in  thif 
itate  of  things^  whereas  Governor  Arthur  only  gave  power  to 
take  them  to  the  confines  of  his  jurisdiction,  then  any  person 
might  have  taken  them  to^yards  their  destination,  and  then 
conveyed  them  from  hand  to  hand  by  unauthorized  persons, 
until  through  a  chain  of  various  links  they  had  found  them- 
■elves  landed  in  Van  Dieman's  Land.  Was  there  ever  such  a 
monstrous  proposition  broached?  Either  there  must  be  a  war- 
rant, or  that  was  the  state  of  things  to  which  they  were  reduc- 
ed. If  Governor  Arthur  had  the  power  to  transport  at  all,  why 
should  there  not  have  been  a  warrant  traveling  with  the  pri- 
soners from  first  to  last,  to  show  the  reason  why  they  were 
detained  in  custody!  His  friend  the  Attorney  General  had 
said  there  was  no  reason  for  such  a  warrant,  and  he  founded 
his  authority  on  a  case  which  he  had  cited — that  of  <*  the 
King  V.  Clerk."  His  friend  had  said  this  was  a  commitment 
in  execution.    It  was  a  commitment  by  the  Court  of  Alder- 


t02 


NOTE!  OP  Air  EXILE,  ON  OAirADA> 


that.  Clerk  should  take  upon  himself  the  ofBce  of  Mer*^ 
man.  The  court  had  said  the  comnvitment  was  made  in  open 
eourt  by  the  court  to  its  officer,  and  therefore  it  would  be 
sbsusd  to  say  that  the  warr«int  must  be  set  forth.  All  th« 
<lfficeF  had  to^say;  was^  that  he  was  comjnitted  upan  such  a 
judgment.  Buir  tliic  court  had  said,,  if  he  wfis  in  any  other 
person ^s  hands  than  their  officer,  there  nwist  be-  a  warrant, 
tnd  w^here  there  was  a  warrant,,  that  warrant  must  be  set  out 
iihhac  verbtty  otherwise  it  was  ini  the  power  of  the  jailer  to 
make  his  case  better  or  worse- at  his  pleasure.  There  ought 
to  be  a  warrant  here;  if  not,,  where  was  the  connexion  be- 
tween the  governor  of  Upper  Canada  and  the  jailer  of  Liver- 
pooH  How  did  they  know  each  other  7  His  friend  had 
kad  recourse  to  this  extraordin-ary  proposition,  that  it  would 
be  inconvenient^  for  if  the  ship  was  wrecked,  and  the  war- 
want  lost,  t-he  prisoner  might  go  at  large.  This  was  a  new 
doctrine ;  the  principle  oX  inconvenience  was  not  to  bs 
thought  of  as  regarded  the  right  of  a  man  to  his  liberty. — 
Let  him  put  an  opposite  inconvenience ;  he  woukl  suppose 
^at  the  master  of  a  vessel  was  tyranical,  and  chose  to  punish 
one  of  his  men  ;  he  put  him  in-  irons,  delivered  him  to.  a  jailer, 
and  he  told  him  that  he  was  a  m.an  convicted  in  some  colony.-, 
and  that  he  had  been  directed  to  tak€  him  toi  that  country, 
and  he  accordingly  left  him  in  th«  hands,  of  that  jailer,,  and 
sailed  away — it  would  be  impossible  to  prevent  that  man 
going  to  Van  Dieman's  Land  if  his  friend's  doctrine  was  cor- 
rect. Then  there  was  the  case  of  Barne,  which  his  friend 
had  quoted ;  but  he  (Mr.  Hill)  could  not  see  how  that  was 
against  him ;  the  court  said  then  that  they  found  a  judgment 
of  the  court ;  but  here  the  ease  was  diflferent,  there  was  no 
judgment  of  any  court.  It  was  an  act  of  the  governor,  and 
not  a  proceeding  of  any  court;- it  was  an  act  of  power,  and 
not  an  act  of  law  or  justiee  as  distinguished  from  power^ 
In  Stiddis's  case  all  the  judges  spoke  of  it  as  a  judgment. 
His  friends  said  their  lordships  would  not  require  everything 
to  be  set  out,  but  they  were  then  speaking  of  everything^  an-r 
terior  to  the  judgment.  The  judgment  was  conclusive  evi-^ 
4encej|  except  in  a  court  of  error,^  that  everything  antetior  t^ 


ENGLAND  AND  TAN.  DIEMAN'Si  ftANS. 


2e» 


the  judgment  was  correct-.  There^had  baen  no  judicial  vie v 
upon  this  at  alli  In  the  eoai«iattie«  o(  nations  one  nation 
gaye  effect  to  the  jtiidgnuent  of  the  courbef  another,  because 
there  had  been  a  judicial  ex-araination  andttial,  and  becauss 
the  judicial  mind  had  operated  upon  it.  There  the  presump- 
tion was  in  favor  of  the  prisoners.  His  friend  had  said  h« 
hoped. this  country  would  always  be  a  refoge  foE  wrongfully 
persecuted  men  ;  but  his  friend  waa-no^narrowiag  that  doc- 
trine simply  to  foreigners  y  he  would  exelude  his  own  coun- 
trymen from  the  benefit  of.  it«.  If,  said  the  leatned  counsel, 
you  come  from  France  or  Spain-^if  you  spoke  no-,  language 
which  was  understood — if  you  are  at  foreigner,,  the  English 
law.  is  open  to  y.our  protection?— England  is  a  citadel  which 
no  despot  can  approach ;  but  if  y,ou,have^  the  misfortune  to  be 
a  native  of  this  country,.all  tjhe  assistance  and  protection  are 
withheld  from  you — all  presumpjtions  are  to  be  made  against 


you — your  counsel  are 


told,,  when 


arguing  your  case,  that 


they  are  compelled  tovkeep  within  the  return,  and  the  judgei 
are  continually  asked  to  make  enquiide^  out  of  it— ^documents 
are  withheld,.. but  when  practically,  setiOU,t,  and  it  appears  to 
the  counsel  for  tjie  Crown  movn  aduantag^eous  that  they 
diould  be  fully  set  forth,. a  request  is.,m.ade  that  it  should  be 
permitted.  Buit,.  my  lords,  it  is.  constitutional  that  I  should 
be  allowed  to^  address  youf  liocdshaps  for  these  men,  and 
whatever  the-  event  of  the  inquiry  may  be,  my  lords,  on  their 
behalf  and  oa  my  own  and  my  friend's,  behalf,  I  tender  your 
liordships  our  thanks  for  the-^  patient  investigation  which  you 
have  given.  to»  this  important  case. 

Lord  Dfenman  having  consulted  the  other  judges,,  said — 
We  think:  it.  right  to. give  some  consideration  to  this- very  im- 
portant subject,,  and  we  should,  wish  l^ese  persons  to  be 
brought  up.  again  o<i  Monday  next. 

On  Monday,,  as  soon  as  the  eourl  was  opened,  Lord  Den- 
nan  pronounced  judgment  on  the  validity  of  the  return^ 
whifh  his  I jrdship.  stated^  in  substance,  afhrmed  that  an  in- 
Eurrection>  had  taken  plaoe  in  Upper  Canada,  and  been  8Up-> 
pressed' in- the  course  of  last  year  ;  that  the  Legislature  there^ 
kad  authorized  a  par  ion  to  be  granted  by  the  governor  tft 


S04 


VOTES  OF  AN  EXILE,  OK  CANADA, 


tach  persons  as  before  arraignment  should  confess  their  guilt, 
and  should  petition  for  pardon,  on  conditions  which  to  tht 
governor  might  seem  fit.  The  return  further  averred  that 
the  prisoner,  Randall  Wixon,  was,  in  pursuance  of  that 
authority,  pardoned  on  condition  of  being  transported  to 
Van  Dieman's  Land ;  that  in  execution  of  that  condition  h« 
had  been  carried  to  Quebec,  and  that  for  want  of  the  means 
of  transporting  him  thence  to  his  place  of  destination,  hs 
had  been  brought  to  England,  and  kept  in  the  jail  at  Liver- 
pool by  way  of  security  until  a  convenient  opportunity 
should  offer  of  transporting  him  to  Van  Dieman's  Land. 
Some  general  observations  must  here  be  made.  The  return 
must  necessarily  be  received  as  tru?,  with  regard  to  all  the 
particulars  which  appear  on  it  in  its  present  state,  in  which 
alone  it  was  to  be  examined.  The  court  was  sitting  on  it  at 
on  a  general  demurrer,  or  as  oh  a  writ  of  error  on  the  judg- 
ment of  some  other  court.  The  difficult  question  which 
might  arise  touching  the  enforcement  of  foreign  laws  in  Eng- 
land, was  excluded  from  the  consideration  of  the  present 
case,  because  the  province  of  Upper  Canada  was  neither  a 
foreign  state  nor  a  province  independent  of  this  country  in 
its  legislation.  There  were  existing  in  that  country  no  mala 
prohihita  which  had  been  the  ground  of  any  arbitrary  enact- 
ment, and  the  relation  of  master  and  slave  was  not  recog- 
nized ;  but  an  act  of  Parliament  had  declared  that  the  law  of 
England,  and  none  other,  should  prevail  there.  Conse- 
quently the  court  could  take  judicial  notice  of  their  legal 
proceedings,  could  understand  the  language  in  which  they 
^ere  couched,  and  ought  to  make  every  reasonable  conclu- 
lion  in  favor  of  their  validity.  The  legislative  act  under 
which  the  pardon  had  been  granted  wa«  said  to  be  void  ott 
account  of  two  inherent  vices — first,  that  by  the  law  of  Eng- 
land no  man  could  contract  for  his  own  imprisonment.  This 
dictum  of  Lord  Hobart  was  founded  on  an  old  authority,  and 
was  cited  in  the  case  of  the  negro  James  Somerset,  where 
this  point  was  made  out,  that  even  if  a  negro  sold  his  free- 
dom, it  was  a  bargain  which  the  law  made  void  ;  but  that 
had  no  application  to  the  present  case,  which  was  that  of  a 


ENGLAND  AND  VAN  DIEMAN  3  LAN|>. 


205 


man  who  confessed  his  guilt  before  arraignment,  and  that  his 
life  was  spared  on  condition  of  his  binding  himself  to  under- 
go  a  less  severe  punishment.     The  second  objection  was  to 
the  enactment  that  the  prisoner  might  be  pardoned  on  such 
conditions  as  seemed  fit ;  as  if  that  introduced  a  legislative 
power  of  punishment  before  unheard  of,  and  even  of  torture 
and  mutilation.     But  they  were  of  opinion  that  these  were 
explicitly  excluded  from  the  enactment,  unless  actually  ex- 
pressed.    Transportation,  no  doubt,  was  intended  to  be  sub- 
stituted for  the  other  punishment,  because  it  was  mentioned 
in  the  2d  section  of  the  5th  of  George  IV.,  as  having  been 
already  found  in  force  in  several  of  the  colonies,  and  it  was 
known  that  the  substitution  of  that  punishment  for  loss  of 
life  had  for  many  years  been  the  actual  practice  in  Canada. 
Another  objection  drawn  from  the  provisions  of  the  act  was, 
that  the  pardon  had  the  same  effect  as  an  attainder,  inasmuch 
as  it  caused  a  forfeiture  of  all  property ;  but  that  objection 
was  not  much  pressed,  as  this  proceeding  was  in  no  degree 
connected  with  the  principle  of  attainder.     Another  objec- 
tion was  raised  to  the  condition  of  the  pardon,  both  as  to  the 
time  and  place  of  transportation,  the  term  being  for  fourteen 
years  from   the  arrival  of  the    prisoners  in   Van  Dieman's 
Land,  depending  upon  accident,  or  it  might  be  wilful  delay, 
and  that  it  was  void  from  its  uncertainty.     The  answer  to 
that  was,  that  as  transportation  might  be  for  life,  a  fortiori 
it  might  be  for  a  shorter  period.     It  was  then  said  that  the 
power  to  receive  convicts  in  Van  Dieman's  Land  ought  to 
appear  in  the  letters  patent  granting  the  pardon.     But  that 
was  not  necessary,  for  her  Majesty  had  the  power  to  make 
that  place  a  penal  settlement  for  persons  after  their  convic- 
tion, and  it  must  be  presumed  that  all  due  preparation  for 
that  purpose  had  been  made.     The  return  was  challenged  for 
the  want  of  the  numerous  documents  from  which  the  jailer 
derived  his  right  to  detain  the  prisoner — the  indictment  for 
high  treason,  the  petition,  confession,  pardon  and  assent, 
although  the  assent  was  not  required  by  the  act.     They  had 
been  told  that  it  was  their  duty  to  have  those  papers  before 
them,  and  to  inspect  them,  and  not  to  receive  accounts  from 


to^ 


VOtlfefl'tfF  AN  EXILE,  ON  dANAOTA, 


%  party  who  knew  nothing  about  them,  but  to  form  opinioM 
for  themselves,  and  to  judge  whether  the  descriptions  wert 
'correct  or  not.  For  those  manifold  objections  one  answet 
Would  serve.  The  fact  was  stated  to  the  court  on  the  r*- 
turn,  and  they  were  bound  to  receive  it  as  true.  The  party 
"who  made  this  return  probably  never  saw  the  documents,  but 
*t  his  peril  he  placed  cdrifiderK'/e  in  the  captain  of  the  vessel 
who  brought  the  prisoners  to  this  country,  or  some  otheY 
■person,  and  he  was  bound  by  the  assertions  which  he  had 
^ade  on  their  credit,  and  to  prove  felie  truth  -of  them  when 
they  were  questioned  in  any  proceedings. 

The  last  bead  of  objection  was  Ihnt  the*authority  to  trans- 
mit the  prisoners  to  the  various  successive  custodies  did  nat 
•ppear.  The  prisoners  Avere  charged  with  treason  commit- 
ted in  Upper  Canada,  and  on  their  confession  a  pardon  wa« 
•granted.  It  was  asked.,  therefore,  how  could  the  go^emo^ 
of  Lower  Canada  recei^^e  them  and  transmit  t%em  to  thi« 
■country,  and  how  could  the  jailer  of  Liverpool  restrain  them, 
more  especially  as  Sir  John  "Colborne's  letters  patent  are 
directed  to  such  persons  as  are  authorized  to  receive  them, 
and  the  jailer  had  no  warrant.  The  answer  lothis  was,  thst 
•as  soon  as  the  pardon  was  granted 'on  the  p^reserttment  of  ^ 
-petition,  the  Crown  had  no  right  to  enforce  the 'conditions  of 
the  pardon  and  t©  take  the  necessary  steps  for  that  purpose. 
He  had  sufficient  authority,  and  no  warran-t  could  have  en- 
larged it.  Sir  John  Colborne,  by  his  letters  -ipatent,  had  no 
more  authority  to  remove  these  persons  than  the  jailer  who 
now  detains  them  ;  but  as  it  was  physically  impossible  to  em- 
bark them  E(t  once  for  Van  Dieman's  Land  from  Upper  Can- 
ada, in  every  'stage  of  the  proceedings  in  which  the  prison- 
ers were  confined  under  the  conditioTrs  of  the  pardon  by 
which  they  had  feo\ind  themselves,  >they  were  lawfully  c,on- 
fined.  In  the  section  before'quoted  from  the  5th  George  IV., 
c.  87,  it  was  shown  that  transports  from  the  colonies  under 
a  commuted  sentence  had  been  habitually  received  in  Eng- 
land on  their  passage  to  a  penal  settlement,  and  the  result 
-was,  that  the  person  making  the  return  was  justified  in  aa- 
«i«ting  the  captain -of  the  vessel  by  whom  the  prisoners  w&re 


IBNGLAVD  AVD  YAM  OlGSf Alf's  LAND. 


901 


^brought  over,  and  remanding  them  to  cari^  tb«ir  ponishlnent 
i^to  effect.  Their  lordships  had  selected  the  case  thvt  wai 
open  to  the  most  numeroHS  objections,  and  tl)e  consequcnct 
of  their  decision  was,  that  the  case  of  Finley  Malcolm,  John 
G.  Parker,  Robert  Walkei^'Paul  Bedford,  Leonard  Watson, 
James  Brown,  Asa  Anderson,  and  William  Alves,  must  h% 
disposed  of  in  the  same  manner,  and  for  substantially  tht 
same  reasons,  the  objections  not  appearing  sw  strong  in  thost 
cases  as  in  the  present.  There  Were  three  other  prisonersy 
John  Orant,  William  Reynolds,  and  Lynus  Wilson  Miller^ 
who  were  not  pardoned  under  the  legislative  act,  but,  accord, 
ing  to  the  return,  had  been  duly  convicted  before  the  court 
of  Upper  Canada, 'one  of  treason  and  the  others  of  felony. 
Their  lordships  had  anxiously  considered  whe-thcr  the  alU-- 
gations  to  them  were  sufficient,  and  -they  thought  they  were. 
In  coming  to  this  opinion  th^jy  had  principally  relied  on  tb« 
authority  of  Barnes'  case,  in  the  2d  vol.  Rolle's  Reports^ 
and  "the  King  -and  Saddis."  These  three, Atherefore,^must 
also  be  remanded. 

After  judgment,  Mr.  Hill  moved  for  an  attachment  against 
Mr.  Bacheldor,  for  making  a 'false  return,  and  the  day  wai 
taken  up  by  that  gentleman  and  Mr.  Roebuok  in  supporting 
the  motion.  The  former,  after  a  speech  which  lasted  sever«a4 
hours,  concluded  by  saying,  he  had  now  to  bring  under  theit 
lordships'  consideration  the  a-ffivlavit  on  which  he  moved  fot 
an  attachment  ao-ainst  Mr.  B.icheldor.  The  afliJavit  wfis 
made  by  William  Waller,  who  described  himself  as  clerk  to 
Messrs.  Asburst  and  Gainsford.  solicitors  for  the  prisoner*. 
He  states  that  on  Saturday  the  29th  of  Decen>ber  last,  he 
received  from  the  governor  of  the  borough  jatl  at  Liverpool 
the  document-,  of  which  a  true  copy  is  annexed  to  his  aflida- 
Tit,  and  th^  it  Xvas  delivered  to  him  as  a  copy  of  the  was^- 
rant  under  which  the  prisoni^Ts  were  detained.  In  that  doc- 
ument the  names  of  all  the  prisoners  were  set  out,  and 
among  others  was  the  name  of  Leonard  Watson,  whose  cas« 
he  (Mr.  Hill)  was  now  bringing  under  the  attention  of  th» 
court.  The  deponent  further  said,  that  at  the  time  it  wai 
delivered  to  him  He  examined  and  comj)ared  it  with  the  ori-> 


t06 


MOTES  OP  AN  EXILE,  ON  CANADA^ 


ginal  warrant  of  commitment ;  that'  he  was  informed  by  th« 
governor  of  the  jail  of  Liverpool  aforesaid  that  the  prisoners 
were  held  in  custody  solely  on  the  authority  of  that  warrant 
so  produced ;  that  he  had  no  other  document  or  warrant 
whatever  connected  with  the  prisoners ;  that  he  was  informed 
by  the  governor  and  town  clerk  aforesaid  that  the  return 
would  be  made  by  settinpr  out  the  warrant. under  which  the 
prisoners  were  detained  ;  that  at  the  time  the  return  to  th« 
writ  issued  being  read  in  court  yesterday  (Monday)  depo- 
nent saw  the  original  returns  prepared  by  Bachcldor ;  that  h« 
read  the  return  so  prepared  in  the  case  of  Leonard  Watsoi^, 
which  simply  set  out  the  warrant  of  which  a  copy  is  annexed 
to  the  affidavit ;  that  while  at  Liverpool  he  communicated  a 
copy  of  it  to  Messrs.  Ashurst  and  Gainsford,  and  that  h« 
believes  the  instructions  to  counsel  consisted,  among  other 
things,  of  a  copy  of  that  warrant.    He  had  now  read  from  be- 
ginning to  end  the  important  affidavit  on  which,  as  subsidi- 
ary to  the  other  question,  he  humbly  moved  their  lordships 
for  an  attachment  against  Mr.  Bacheldor.     One  advantagt 
which  would  be  gained  for  the  prisoner  by  that  motion  was, 
that  at  length  their  lordships  would  have  the  warrant  of  Sir 
John  Colborne  immediately  before  the  court,  which  his  learn- 
ed friend  the  Attorney  General  had  struggled,  and  struggled 
successfully,  to  keep  back  from  their  view.     Their  lordships 
knew  that  by  the  habeas  corpus  act  it  was  made  imperative 
on  the  jailer  to  give  the  party  the  warrant  on  which  he  was 
detained.     The  court  thought  he  (Mr.  Hill)  was  premature 
in  calling  their  attention  to  that  point  before ;  but  he  now  in- 
sisted it  was  the  duty  of  the  jailer  to  set  forth  that  warrant 
in  hac  verba  in  his  return ;  for  whether  it  were  a  right  simply 
at  common  law,  or  a  right  at  common  law  regulated  by  the 
statute  of  Charles   H.,  was  immaterial,*  since  911  the   text> 
writers,  and  all  the  distinguished  men  who  had  given  any 
opinion  on  the  subject,  agreed  in  stating  that  that  was  not 
intended  to  give  new  rights,  but  to  give  better  remedies  to 
the  subject.    He  therefore  inferred  that  the  subject  had  at  all 
times  a  right  to  see  the  warrant  on  which  he  was  detained ; 
aad  that  the  warrant  being  mentioned  in  the  statute  was 


ENGLAND  AND  VAN  DIEMAN'S  LAND. 


209 


all 
d; 


nothing  but  a  recognition  of  the  common  law  right.  If  it 
were  necessary,  however,  he  should  submit  that  rights  under 
haheas  corpus  were  rights  under  the  statute  as  well  as  at  com- 
mon law.  But  he  apprehended  the  party  in  this  case  was 
not  committed  in  execution  of  any  sentence  within  the 
statute — he  was  not  a  convicted  person  ;  he  was  to  be  trans- 
ported, not  under  a  sentence,  but  by  an  act  of  mercy — not 
because  he  was  convicted,  but  because  he  was  pardoned. 
That  was  the  statement  of  his  learned  friend ;  but  still  the 
jailer  was  bound  under  the  habeas  corpus  act,  and  also  at 
common  law,  to  show  the  warrant  under  which  the  prisoner 
was  detained.  But  if  he  were  not  bound  to  do  so,  he  had 
done  it.  And  why  was  the  prisoner  to  be  provided  with  a 
copy  of  it?  Was  it  that  he  might  forget,  burn,  or  destroy 
if?  Was  it  to  be  of  no  use  to  him  1  And  how  could  it  be 
of  use  to  him  but  by  bringing  it  before  their  lordships?  The 
jailer  was  bound  to  set  it  out  as  part  of  his  return  ;  and  in 
not  setting  it  out  as  part  of  his  return  he  had  been  guilty 
of  a  gross  breach  of  his  duty.  He  was  confident  their  lord- 
ships would  find  no  case  which  would  justify  the  jailer  in 
that  course.  This  was  not  a  case  in  which  there  had  been  no 
warrant.  What  was  the  value  of  the  warrant,  or  how  far  it 
justified  the  jailer  in  detaining  the  prisoners,  was  nothing  to 
the  purpose;  he  had  a  warrant,  and  dealing  honestly  and  fairly 
by  those  unfortunate  men,  he  ought  to  have  put  the  court  in 
possession  of  it.  It  appeared  from  his  own  confession  that  the 
jailer  of  Liverpool  had  no  other  documents  before  him  but 
this  warrant.  He  would  ask  whether  a  public  officer  was 
dealing  rightly  with  the  liberty  of  the  subject,  who  not  being 
in  possession  of  any  documents  on  which  he  could  rely,  chose 
to  allege  on  hearsay,  the  value  of  which  their  lordships  had 
no  means  of  estimating,  not  knowing  from  whom  it  came — to 
allege  on  hearsay  which  was  of  no  value  at  all  in  courts  of 
law,  that  the  prisoner,  Leonard  W"atson,  petitioned  in  Canada 
and  confessed  his  guilt?  He  put  that  question  in  order  that 
the  people  of  England  might  know  what  they  had  to  trust 
to.  Had  a  jailer  a  right  to  set  forth  in  his  return  upon  in- 
information  which  the  law  of  England  would  not  transfer 

14 


210 


NOTES  OF  AN  KXILK,  ON  CANADA, 


the  value  of  a  pin,  a  number  of  facts  of  which  he  could  know 
nothing?  He  humbly  and  respectfully  submitted  that  any 
public  officer — and  every  jailer  in  Enjifland  was  a  public  offi- 
cer under  the  special  superintendence  and  control  of  that 
court — any  such  officer  being  called  on  to  satisfy  the  King's 
judges  why  he  detained  a  certain  man,  and  putting  on  record 
a  number  of  facts  occurring,  if  they  ever  occurred,  in  a 
foreign  country,  and  of  which  he  confessed  he  had  no  know- 
ledge, withholding  the  original  warrant  from  the  eyes  of  the 
court,  was  guilty  of  a  gross  breach  of  duty.  Had  the  jailer 
not  done  so  in  the  present  instance?  He  ou^jht  clearly  to 
have  refused  the  custody  of  these  men  under  such  circumstan- 
ces. Why,  if  it  had  been  only  a  matter  of  a  single  bale  of 
goods,  the  rights  and  interests  of  consignor  and  consignee  must 
have  been  more  fully  set  forth,  and  if  the  ship's  papers  had 
shown  no  better  right  in  Captain  Morton  to  the  cargo  than 
had  been  shown  to  keep  these  men,  he  very  much  questioned 
whether  the  ship  itself  would  not  have  been  liable  *to  seizure. 
Was  it  then  that  the  law  took  care  of  property,  and  not  of 
the  rights  of  liberty!  Should  a  vessel  be  allowed  to  come 
into  our  waters,  holding  twelve  men  in  constraint,  without 
showing  any  warrant  or  right,  and  transfer  them  to  a  jail  in 
Liverpool]  And  would  he,  after  daring  to  put  on  the  file* 
of  the  court  such  a  statement  as  he  hac'  lone,  confessing,  as 
he  did,  that  not  one  single  scrap  of  paper  justified  him  in  mak- 
ing it — so  dealing  with  the  liberty  of  the  subject,  would  that 
officer  be  held  by  their  lordships  to  have  done  his  duty  1  Ho 
would  show  their  lordships  that  not  only  had  Mr.  Bacheldor 
most  rashly  and  criminally  made  statements  which  he  did  not 
know  to  be  true,  but  that  he  had  made  statements  which  ha 
knew  to  be  false.  He  was  now  moving  on  the  part  of  Leon- 
ard Watson,  and  their  lordships  would  find  it  stated  in  this 
return  that  Leonard  Watson  was  directed  by  the  warrant  of 
Sir  John  Colborne  to  be  taken  on  board  the  bark  Captain  Ross, 
and  that  he  was  brought  to  Liverpool  on  that  authority.  That 
was  stated  in  the  return. 

In  the  warrant  before  their  lordships  there  was  a  recital  of 
the  most  extraordinary  and  unmeaning  kind  that  could  be 


BHOLAND  AND  VAN  DIRKAV    4  LAVD. 


811 


of 

I  be 


imagined.  In  the  recital  the  name  ot  eonard  WMson  was 
to  be  found,  and  he  was  described  simply  as  a  con*^  cted  man. 
There  was  no  allegation  that  he  was  convicted,  1  it  he  wa« 
so  described ;  and  then,  in  the  operative  part  of  the  warra.  f, 
which  directed  Morton  to  take  certain  persons  on  boarc  or 
the  purpose  of  transportinnr  them,  the  name  of  Leonard  \^*t- 
8on  was  not  to  be  found.  The  jailer  at  Liverpool  had  there- 
fore returned  that  which  not  only  was  unfounded  so  far  as 
his  own  knowledge  went,  but  of  which  he  had  complete 
knowledge,  that  the  facts  he  put  on  the  fde  were  false.— 
Could  it  for  a  moment  be  supposed  that  that  was  within  the 
duty  of  the  jailer  of  Liverpool  ?  He  must  not  be  told  that  the 
warrant  was  unimportant.  Was  it  for  the  jailer  of  Liverpool 
to  make  that  discovery  1  What  had  he,  in  the  teeth  of  that 
great  act  of  Parliament,  the  habeas  corpus — what  had  he  to 
do  with  keeping  back  any  evidence  he  might  possess  in  such 
a  case  1  Why  should  not  the  prisoner  have  the  benefit  of  all 
the  facts  that  might  tell  in  his  favor?  What  interest  ought 
the  jailer  to  take  except  to  discharge  his  mind  of  all  the 
knowledge  he  possessed,  and  to  place  the  court  exactly  in 
the  same  slate  as  himself  with  respect  to  a  knowledge  of  all 
the  facts  of  the  case?  Their  lordships  would  look  carefully 
at  that  warrant;  they  would  see  the  many  legal  blunders  it 
contained  ;  and  that  they  might  well  suppose  had  been  the 
reason  why  ihey  had  not  been  hitherto  able  to  see  it.  Of  this 
he  complained.  From  whatever  quarter  the  instructions 
-might  come,  he  complained,  and  bitterly  complained,  that 
«very  document  had  not  been  placed  before  them.  Suppos- 
ing the  warrant  inaccurate  either  as  to  matter  of  law  or  fact, 
who  was  there,  he  asked,  standing  behind  the  jailer  of  Liver- 
pool, who  had  a  real,  an  honest  interest  in  keeping  these  de- 
fects of  the  instrument  from  the  knowledge  of  the  court? 
Wherever  the  instructions  came  from,  they  were  not  worthy, 
they  were  not  consistent  with  the  care  which  every  govern- 
ment, and  which  he  was  bound  to  suppose  our  own  govern- 
ment, had  for  the  liberty  of  the  subject. 

He  had  now  concluded  his  long  task,  and  v<ery  imperfectly 
iplaced  before  the  court  those  reasons  for  which  he  urgently 


.  I' 


312 


NOTB0  OP  AN  BXILIy  ON  CANADA, 


implored  their  lordships  to  see  that  those  men  were  not  sent 
into  banishment  until  it  was  proved — until  their  <<  lordships 
knew,''  as  the  writ  had  it,  wherefore  they  should  be  sent.— > 
He  had  not  argued  the  case  without  the  deepest  anxiety.— 
Twelve  men,  their  fate,  and  that  of  their  families,  depended 
upon  their  lordships'  adjudication ;  but  he  would  freely  con- 
fess their  fate  did  not,  in  his  mind,  constitute  the  highest  im- 
portance  of  the  matter  now  before  their  lordships.  It  was 
the  people  of  England,  now  living  and  yet  to  be  born,  who 
were  mainly  interested  in  the  result ;  and  when  he  thought 
of  that,  he  might  well  say  with  the  greatest  of  Roman  ora- 
tors, ^<  Non  solum  animo  commoveor  sed  etiam  toto  corpore 
horresco."  This  country  had  hitherto  been  famous  for  set- 
ting an  example  to  the  nations ;  feeding  the  great  lamp  of 
liberty  and  diffusing  its  sacred  light  over  the  world  ;  it  depen- 
ded on  their  lorJships'  decision  whether  she  would  be  shown 
to  deserve  that  lofty  station,  or  whether  her  people  were 
worshipping  an  idol  of  stocks  or  stones,  which  when  applied 
to  by  the  Englishman  to  save  him  from  the  greatest  danger 
under  death  that  could  occur  to  man,  was  powerless  to  help 
him.  Whether  this  country  would  support  what  her  great 
and  glorious  Milton  called  **the  high  prerogative  of  teach- 
ing the  nations  how  to  live,"  or  now  confess  to  the  laughing 
and  scorning  world  that  the  writ  of  habeas  corpus  was  a  mere 
idle  invention  for  lawyers  to  impose  on  the  world  as  liberty; 
but  where  it  was  required  to  oppress  and  punish  a  man  with- 
out inquiry,  excellent  reasons,  sufficient  precedents,  were  to 
be  found  at  all  times,  good  and  bad,  in  the  books,  to  show  that 
there  was  no  power  to  inquire  whether  a  man  who  confessed 
he  knew  nothing  about  the  matter  spoke  the  truth,  and  yet 
after  that  confession,  and  on  that  confession,  their  lordships 
were  still  bound  to  send  those  men  to  banishment. 


BNOLAMD  AND  TAN  DIINAH'f  LAVD. 


218 


CHAPTER  XVII. 

Remarks  upon  the  Trlali,  dec— Mental  SufTerings.— Kindness  of  Friendi. — Distin- 
guished Visitors. —  Eiitjiiah  Feelini;  wiih  Keierence  to  the  United  States. — The  An- 
thor's  Vindicaiinn  of  his  Conduct  to  an  ErigliHli  CSentleinan. —  Limited  Number  of 
Voter.*  in  Oreot  Britain  — English  Kiections,  Bribery,  Ac. — Appropriations  by  Ptr- 
liament. —  Englaiid's  Poor. —  Pardon  of  William  Ueynolds. —  Pardon  of  the  NtcM 
Untried  Priiuiiers. —  British  Injustice. 

Although  to  the  general  reader  the  details  of  our  impor- 
tant trials  are  perhaps  uninteresting  and  dry,  yet  I  have  not 
hesitated  to  introduce  the  most  essential  points, in  order  that 
the  truth  may  be  known  with  regard  to  British  justice.  Brit- 
ons assert,  and  the  world  in  general  believe,  that  British 
laws  are  the  perfection  of  reason,  and  that  the  fountain  of 
justice  in  ''free  and  happy  E?} gland f^'  is  so  pure,  that  the 
wronged  and  injured  man  has  but  to  tour  li  the  tip  of  his 
tongue  to  its  waters  to  be  cleansed  of  his  leprosy.  They 
tell  us  of  the  independence,  wisdom  and  uprightness  of  their 
judges  in  administering  law  to  the  subject ;  and  that  the 
highest  and  lowest  in  the  land  receive  at  their  hands  impar- 
tial justice  ;  yet  the  facts  in  this  case  prove  the  reverse. — 
The  habeas  corpus,  that  great  bulwark  of  English  liberties, 
as  it  is  called,  according  to  the  decision  of  the  judges  of  her 
Majesty's  Court  of  Queen's  Bench,  turned  out  to  be  an  illu- 
sion, a  weapon  which  might  be  used  to  oppress  the  subject, 
but  powerless  to  shield  him  from  usurpation  and  cruelty.  I 
will  not  say  that  the  judges  were  corrupt,  but  such  was  the 
general  impression  upon  the  minds  of  those  who  heard  their 
decisions.  A  whig  government  was  in  power  ;  under  that 
administration  Canada  had  rebelled,  and  we  had  been  sent 
there ;  and  these  upright  judges  who  were  also  whigs,  scru- 
pled not,  in  the  discharge  of  their  high  duties,  to  declare,  in 


t 


I 


214 


IfOTBS  07  AN  EXILE,  ON  CANADA, 


iHt 


the  face  of  law  and  justice,  that  we  were  legally  and  justly 
dealt  with.  Not  so  the  Court  of  Exclicquer.  Upon  the 
same  facts,  and  under  the  same  law,  the  learned  judges  de- 
cided that  the  nine  men  who  had  not  been  tried,  could  not, 
by  the  laws  of  England,  be  transported,  and  that  the  gov- 
ernment must  either  try  or  discharge  them.  The  judges  of 
the  Court  of  Exchequer  were  conservatives^  and  opposed  to 
the  whig  administration.  The  two  decisions,  affecting  so 
materially,  but  differently,  the  same  case,  are  a  melancholy 
proof  that  law  and  justice  in  England  are  no  better  than  in 
other  parts  of  the  world ;  and  that  there,  as  elsewhere,  the 
judicial  and  executive  powers  are  so  blended  and  interwoven, 
that  the  former  may  be  used  as  a  cloak  to  cover  up  the 
abominations  of  the  latter. 

During  this  long  and  anxious  period,  our  sufferings  arising 
from  hope  deferred  and  the  uncertainty  of  the  future,  were 
often  intense  find  severe.  Mental  torture,  to  be  endured 
with  becoming  firmness,  requires  a  mind  well  disciplined  in 
the  school  of  experience.  Tlie  kindness  extended  to  us  by 
friends,  and  the  general  good  feeling  manifested  by  all  with 
whom  we  came  in  contact,  softened  the  rigors  of  imprison- 
ment, and  lightened  the  heavy  load  which  weighed  upon  our 
spirits.  Not  a  day  passed,  but  some  little  act  of  kindness, 
performed  with  scrupulous  modesty,  made  us  feel  that  there 
were  kind  and  warm  hearts  without  by  whom  we  were  re- 
membered. To  our  legal  friends  we  were  not  only  indebted 
for  the  investigation  of  our  cases,  with  the  heavy  expenses 
thereby  incurred,  but  they  were  not  content  with  this,  and 
daily  sought,  either  by  personal  visits  or  letters,  to  rob  the 
prison  of  its  power  to  pain.  Their  eloquent  appeals  in 
our  behalf  in  court,  won  them  the  applause  of  the  whole 
country. 

Gentlemen,  and  sometimes  ladies,  from  all  parts  of  Great 
Britain,  frequently  called  at  Newgate  to  see  the  Canadian  pri- 
soners, as  we  were  called,  and  as  they  generally  wished  to 
spend  some  time  in  conversation,  we  had  an  excellent  oppor- 
tunity of  becoming  acquainted  with  some  interestmg  traits  in 
the  English,  Irish  and  Scotch  character.     Sometimes  the- 


ENGLAND  AND  VAN  DIEMAN^S  LAND. 


215 


I  justly 
►on  the 
ges  de- 
l(i  not, 
le  gov- 
ilges  of 
ascd  to 
ting  so 
incholy 
than  in 
ere,  the 
woven, 
up  the 

arlsinfr 
e,  were 
•ndurcd 
tned  in 
0  us  by 

II  with 
prison- 
on  our 
idness, 
t  there 
re  re- 
uebted 
pcnses 

and 
b  the 
als  in 
whole 

Great 
m  pri- 
led  to 
ppor- 
lits  in 
s  the- 


nobility  were  our  visitors,  but  they  looked  upon  us  as  repub- 
licans who  would  level  them  with  their  fellow  men,  and 
seemed  rather  shy.  The  Grand  Duke,  Prince  Alexander  of 
Russia,  came  into  our  room  one  day  attended  by  his  suite, 
among  whom  was  Count  Orfolk,  the  celebrated  Russian  fman- 
cier.  His  Royal  Highness  appeared  to  lai)or  under  no  diffi- 
culty in  comprehending  the  nature  of  our  crimes,  as  nothing 
is  more  common  than  state  prisoners  in  the  prisons  of  his 
despot  father. 

The  aristocracy  of  Great  Britain  have,  generally,  a  strong 
prejudice  a^fainst  Ihe  United  States,  arising,  no  doubt,  from 
the  influence  of  the  equality  of  our  institutions  which  are  so 
inimical  to  the  perpetuity  of  their  own  lordly  prerogatives. 
Already  have  they  felt  that  the  light  of  our  western  star  is 
destined  to  guide  their  wronged  and  sulTering  subjects  to  the 
attainment  of  a  better  government,  which  will  strip  them  of 
their  power.  I  was  often  amused  to  hear  them  i)redict  its 
downfall.  Ten  years  was  the  utmost  limit  which  they  would 
allow  for  our  existence  as  a  national  republic.  ^*In  ten 
years,"  said  they,  "you  will  have  a  King,  and  a  House  of 
Lords."  I  told  them  they  had  been  predicting  the  same  thing 
for  the  last  sixty  years,  and  that  long  before  my  country  was 
cursed  with  a  King^  theirs  would  be  blessed  with  a  Presi- 
dent. All  other  classes  however  a})peared  to  regard  Ameri- 
can institutions  with  better  feelings ;  and  it  was  evident  to 
me  from  their  conversation,  that  they  only  wanted  the  power 
to  copy  the  example  of  the  western  world,  and  throw  otf 
the  galling  yoke  which  Englishmen  begin  to  feel  sits  too 
heavily  on  their  necks.  The  government  have  sought  by 
every  possible  means  to  prejudice  the  public  mind  against  the 
United  States,  and  for  a  long  time  were  successful;  but  there 
are  too  many  independent  newspapers  now  to  admit  of  such 
unworthy  expedients.  Even  at  the  present  day,  the  gov- 
ernment papers  are  in  the  habit  of  seizing  upon  every  little 
occurrence  which  may  chance  to  happen  on  our  side  of  the 
water,  that  can,  by  exaggeration  or  open  falsehood,  be  made 
to  bear  either  against  American  character  or  American  insti- 
tutions. 


I 


I 


216 


NOTES  OF  AN  EXILE,  ON  CANADA, 


Many  of  our  visitors  found  fault  with  the  American  s  for 
assisting  the  Canadians  in  the  rebellion,  even  while  they  jus- 
tified the  latter,  and  I  was  often  called  upon  to  vindicate  my 
own  conduct,  my  comrades,  with  the  exception  of  Reynolds, 
being  British  subjects.  Upon  one  occasion  a  large  company 
called  to  see  us,  among  whom  was  an  aged  and  respectable 
looking  gentleman,  dressed  in  mourning,  from  the  north  of 
England.  He  fixed  his  dark  eye  haughtily  upon  mine,  and 
sternly  demanded,  "Are  not  you,  sir,  an  American?" 

I  replied,  "I  have  the  honor,  sir,  to  be  a  citizen  of  the  state 
of  New  York." 

"Did  you  Hve  in  Canada  when  the  rebellion  broke  outV^ 

"  No,  sir." 

"Had  you  any  property  in  that  country'?" 

"I  had  none." 

"Then  what  business  had  you  to  meddle  with  the  affairl! 
1  do  not  blame  the  Canadians  so  much  if  they  were  badly 
governed;  but  there  is  no  excuse  for  you  Americans,  who  gra- 
tuitously enlisted,  and  you  deserve  to  bo  punished.  I  must 
confess  I  do  not  pity  you  nor  any  of  your  countrymen  who 
are  suffering  in  the  same  cause." 

"What  right,  my  dear  sir,  had  Lord  Byron  to  go  to  Greece? 
IJis  case  was  exactly  the  same,  yet  the  British  government 
encouraged  his  enterprise,  and  you  Englishmen  are  proud  of 
his  conduct  on  that  occasion.  What  right  had  General  Evans 
and  his  seven  thousand  followers  to  go  from  this  country  to 
Spain,  during  the  late  troubles  there,  to  take  a  part  in  the 
dissensions  of  that  ill-fated  country]  Theirs  was  a  parallel 
case;  and  yet  you  blame  me  for  copying  an  example  which 
your  countrymen  have  ever  been  found  ready  to  set." 
1  Before  I  had  finished  the  last  sentence,  however,  my  oppo- 
nent turned  deadly  pale,  groaned  and  staggered  from  the 
room.  Upon  inquiry  1  learned  that  he  was  wearing  mount- 
ing for  a  favorite  son  who  had  followed  General  Evans  to 
Spain,  and  there  fallen  in  battle.  Much  as  I  regretted  wound- 
ing the  feelings  of  a  bereaved  father  under  such  circumstan- 
ces, I  could  not  but  regard  the  answer  which  I  gave  him  as 
a  practical  and  just  one.    Upon  all  political  and  national  sub* 


i  J» 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


217 


jccts,  Englishmen  at  once  detect  a  mote  in  the  eye  of  a  bro- 
ther while  unconscious  of  a  beam  in  their  own.     They  talk 
of  their  liberties,  as  if  they  were  the   only  nation  in  the 
world  who  could  boast  of  freedom  of  any  kind;  and  yet  with 
a  population  of  27,000,000  but  about  800,000  are  allowed  to 
vote  in  electing  the  representatives  of  the  people  for  Parlia- 
ment; making  on  an  average,  but  one  voter  to  every  thirty- 
four  persons!     Were  even  these  independent  voters,  the  case 
would  be  better  that  it  now  is,  but  they  are  mostly  tenants 
who  are  compelled  to  vote  according  to  the  will  of  the  land- 
lord on  pain  of  his  displeasure,   involving  the  ruin  of  their 
families  and  business.     The  ballot-box  would  remedy  this  evil, 
but  it  would  seem  the  government  are  unwilling  to  permit 
even  this  limited  number  to  exercise  their  right  conscientious- 
ly.     The  consequence  of  thus  voting  viva  voce  is  bribery 
without  a  parallel  in  the  history  of  any  nation  ujjon  earth. — 
No  candidate  ever  dreams  of  being  cicctod  without  spending 
from  thirty  thousand  to  one  hundred  thousand  pounds  in  buy- 
ing votes!     A  candidate  without  a  ppinccly  fortune  to  expend, 
has  no  chance  whatever  of  succeeding.     Out  upon  such  freo- 
dom!     Millions  are  constantlv  starvinij  for  bread  in  this  "free 
and  happy  country,"  while  an  abundance  of  forcgn  wheat  is 
rotting  in  bond  at  all  the  principal  ports.      But  the  landed 
aristocracy  upon  whom  the  government  has  been  dependent 
for  the  enormous  loans  to  support  its  unjust  wars  and  criminal 
extravagances,  which  have  finally  swelletl  the  national  debt 
to  nearly  one  thousand  millions  sterling,  must  be  allowed  to 
fatten  upon  the  souls  of  the  poor!     Yet  the  late  repeal  of 
these  obnoxious  corn  laws,  gives  reason  to  hope  that  reform 
may  eventually  give  to  the  poor  of  England,  a  substance  ia 
lieu  of  the  dim  shadow  which  thev  call  freedom. 

Among  the  items  of  appropriation  voted  by  ParHament 
while  1  was  in  London,  I  noticed  two  which  appeared  to  me 
to  be  characteristic  of  the  nation.  "Seventy  thousand  pounds 
sterling  for  her  Majesty's  stables,  and  thirty-five  thousand  for 
public  education  in  the  kingdom  of  Great  Britain  and  Ireland!'* 
This  by  the  people's  Parliament — so  called.  A  nation  of 
FREEMEN  tiuly ! — But  the  aristocracy  dread  the  light  of  eda- 


1 

I 


tis 


NOTES  OF  AN  EXILE,  ON  CANADA, 


cation.  If  the  poor  were  educated  that  they  might  know  and 
understand  their  rights,  their  own  palmy  days  would  be  speed- 
ily ended,  and  therefore  they  give  seventy  thousands  to  her 
most  gracious  Majesty's  horses,  and  half  that  sutn  to  educate 
several  millions  of  poor  children.  Boundless  extravagance, 
starvation  and  desi)air,  are  every  where  visible  at  the  same 
time  ;  and  within  a  stone's  throw  of  her  Miijesty's  palace,  and 
ttables,  poor  wretches  may  at  all  hours  be  seen,  accosting 
the  stranger  as  he  iiurries  past,  with,  '•  Please,  sir,  a  penny  to 
buy  a  morsel  of  bread  —  I  have  eaten  nothing  for  a  day; — for 
God's  sake,  sir,  a  single  penny  and  heaven  will  bless  you  !'' — 
Not  a  week  passed  while  I  was  in  London,  but  one  or  more 
persons  were  committed  to  N(3wgate  for  stealing  bread  to 
keep  themselves  from  starving!  Sometimes  they  were  found 
guilty  and  transported  for  seven,  ten,  and  Ibi-rtecn  years,  for 
lliis  offense.  These  are  but  a  few  instances  of  an  aggravated 
nature  which  constantly  occur  in  England,  and  are  introduced 
not  so  much  to  ridicule  that  nation,  as  with  the  Jiope  of  lead- 
ing the  reader  to  prize  more  highly  the  blessings  of  our  own 
happy  country. 

Through  the  intervention  of  Mr.  Stevenson,  at  that  time 
minister  plenipotentiary  and  ambassador  extraordinary  of  the 
United  States  at  the  court  of  St.  James,  William  Reynolds 
obtained  a  free  pardon,  on  account,  it  was  said,  of  his  being 
the  youngest  of  our  party.  He  was  actually  three  years 
older  than  myself,  but  had,  fortunately  for  himself,  and  aa 
unfortunately  for  me,  stated  his  age  when  captured  at  eighteen 
years.  Mr.  Stevenson  exerted  all  his  influence  to  procure 
the  same  boon  for  me,  but  was  unsuccessful.  The  liberation 
of  my  friend,  left  but  two,  (Grant  and  myself)  besides  the 
nine  untried  prisoners.  Our  cases  had  not  been,  investigated 
in  the  Court  of  Exchequer,  because,  gaid  our  friends,  "the 
government  will  never  be  mean  enough  to  transport  you,  if 
all  the  others  with  whom  you  have  been  sp  long  connected  in 
the  participation  of  incipient  punishment,  are  discharged,  and 
you  will,  as  a  matter  of  course,  be  pardoned  free  gratis,^* 
This  reasoning,  however,  turned  out  to  be  poor  logic  to  us» 
He  vrho  trusts  to  the  Devil  for  the  printing  and  circulation  of 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


219 


the  Bible,  stands  a  favorable  chance  of  being  disappointed. 
We  might  as  well  have  believed  that  his  Satanic  Majesty 
would  engage  in  the  Bible  trade,  as  that  the  British  govern- 
ment would  do  an  act  of  either  justice  or  mercy,  unless 
compelled  to  do  so  by  powerful  motives.  Patents  of  jvirdon 
were,  in  consequence  of  the  decision  in  the  Court  of  Exche- 
quer, made  out  for  our  more  fortunate  companions,  who  were 
accordingly  discharged.  In  these  ])atents  of  pardon  it  was 
stated  that  her  Majesty's  royal  mercy  was  extended  to  them 
in  consequence  of  their  having  already  sutlered  sufficiently 
for  their  crimes.  Now,  although  they  had  been  in  prison  a 
few  months  longer  than  Grant  and  myself,  they  had  never 
experienced  the  ordeal  of  a  trial  and  sentence  to  death  which 
we  had,  and  their  sufferings  could  not  be  said  to  exceed  ours. 
They,  too,  were  in  general  the  first  fomcnters  of  the  rebellion, 
and  in  this  respect  were  the  more  guilty  party,  if  guilt  there 
was  in  the  affair;  but  these  considerations  was  in  vain  urfjed 
by  our  friends  in  our  behalf.  The  government  were  inexora- 
ble. The  truth  was,  they  were  obliged  to  liberate  the  others, 
which  so  enraged  them  that  they  determined  to  punish  us 
whom  they  had  in  their  power,  out  of  mere  spite;  and  our 
friends  were  insulted  when  they  dared  to  ask  for  the  feast 
favor  either  upon  the  grounds  of  justice  or  mercy  to  us. 

With  heavv  hearts  we  bade  adieu  to  our  more  fortunate 
companions,  and  relinquished  all  the  thrilling  hopes  of  freedom 
which  we  had  indulged  for  so  many  months.  Better  had 
it  been  for  us  if  those  hoi)es  had  never  been  awakened,  'than 
than  that  they  should  have  been  so  cruelly  blasted,  after  being 
cherished  for  so  long  and  anxious  a  period. 


)» 


On  BOARD  SiiiF  Wellington,  ) 
July  29,  1839.  \ 
Dear  Sir, — I  cannot  express  to  you  the  pain  I  felt  on 
hearing  of  your  departure  from  Newgate  for  Portsmouth  on 
the  Monday  following  my  liberation.  I  called  on  Mr.  Francis 
Hall  on  Saturday  evening, — the  day  I  was  liberated, — but 
he  was  not  at  his  lodgings,  and  I  could  not  see  him  until 
Monday  morning;  I  then  called  on  him  early,  and  breakfasted 


220 


NOTES  OP  AN  EXILE,  ON  CANADA, 


Tvith  him,  and  urged  him  to  sec  Mr.  Stevenson  and  Mr.  Web- 
Bter  in  your  behalf.  Immediately  after  breakfast  he  went  to 
■ee  Mr.  S.  Mr.  Webster  was  out  of  town  to  some  watering 
place,  but  Mr.  Hall  said  he  would  sec  him  as  early  as  possible 
and  l^ave  an  interview  with  him,  and  endeavor  to  interest  him 
in  your  behalf.  Mr.  Ashurst  was  also  writing  Lord  John 
Russell,  and  I  had  much  hope  that  you  would  soon  follow  ma 
from  captivity.  But  what  was  my  horror  and  dismay  on 
meeting  Wixon  about  noon,  and  learning  that  he  had  received 
a  letter  from  you  the  night  previous,  and  that  you  were  then 
embarking  for  Portsmouth.  I  afterwards  went  to  Mr.  Hume, 
and  subsequently  called  on  him  again,  at  his  own  house,  and 
ho  stated  to  me  that  he  had  had  an  interview  with  Lord  Mel- 
ville, Lord  John  Ilussell,  and  Marquis  Nonnanby,  but  that  he 
Iiad  received  no  satisfaction  from  them.  They  appeared  to 
censure  Mr.  H.  for  wishing  to  get  all  the  rebels  clear,  and 
gave  him  no  encouragement  whatever.  I  am  exceedingly 
surprised  at  the  unwise  course  of  the  Home  Government,  in 
carrying  their  extremities  against  you  and  Grant.  This  step 
must  only  have  a  tendency  to  show  the  public  mind,  that  those 
already  discharged  have  been  so,  not  on  the  ground  of  mercy 
or  leniency,  but  entirely  on  the  ground  of  right  and  law.  It 
has  the  effect  to  elevate  the  reputation  of  our  lawyers,  and 
to  distinguish  them  in  the  eyes  of  the  world,  for  without 
their  efforts,  we  who  have  been  discharged  would  now  be  in 
the  same  boat  with  you  ;  whereas,  if  the  government  had  dis- 
charged a//,  including  you.  Grant,  Gemmell  and  Beemer,  on 
the  ground  of  mercy,  they  would  have  taken  away  that 
lustre  from  the  acts  of  our  lawvers  that  now  so  much  shines 
upon  them.  '• 

Mr.  Hume  told  me  that  he  should  never  lose  sight  of  you,, 
and  he  hoped  that  steps  would  be  taken  in  Parliament  Ux 
procure  the  liberation  of  all  under  sentence  of  transportation. 

Do  not  think  that  I  have  forgotten  or  shall  forget  you.  I 
do  not  know  in  what  way  I  may  be  useful  to  you,  or  your 
fellows.  Should  any  opportunity  occur  of  enabling  me  to  do 
so,  be  assured  it  shall  be  my  greatest  pleasure. 

Give  my  respects  to  your  fellow  prisoners,  and  may  God 


I 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


221 


bless  and  keep  you  safely.     May  you  put  your  trust  in  Him, 
and  may  He  be  your  deliverer. 

Your  sincere  friend,  JOHN  G.  PARKER. 

Mr.  Linus  W.  Miller. 


CHAPTER  XVIII. 

Removal  tc  the  Hulks Incidents  of  the   Journey.  &c.— Portsmouth Scene  on  the 

Deck. — The"*Convict  Garb. — Inspection,  Jcq.— Shameful  Severity.— Gemmell's  Ac- 
count of  Wait  and  his  Companions. — Beemer. —  Sleeping  Apartment,  &c. — The 
Dockyard. — Sufferings,  &c.— Complaints  to  the  Government. —  Mr.  Carver.— Chelsea 
Beach. — Attempt  to  Abscond. — The  Old  Traitor. — Dialogue  with  the  Captain Reg- 
ulations of  the  Hulk.— rrevaleiice  of  vice.ind  crime.— Tiie  Chapel  and  Clergyman.— 
The  Hospital.— The  Dying  Convict.— The  Bay  Ship.— Spilhead.— Letters,  &c. 

On  the  14th  July,  John  Grant  and  myself  were  called,  long 
before  break  of  day,  to  be  ironed,  preparatory  for  our  journey 
to  Portsmoiith.  Strange  as  it  may  appear  to  the  reader,  a 
confinement  of  six  months  in  Newgate  had  actually  pro- 
duced an  attachment  to  its  old,  gloomy  walls ;  and  every  ob- 
ject in  the  room  I  had  occupied  with  my  companions,  had 
become  dear  to  me  through  familiarity,  local  associations 
both  pleasant  and  painful,  and  the  recollection  that  it  had 
been  to  me  a  habitation,  a  kind  of  resting  place  in  my  weary 
pilgrimage,  where  I  had  found  repose  w'  ile  drinking  from  the 
bitter  cup  of  anxiety,  suspense,  expectation,  hope  deferred, 
disappointment  and  despair  so  strangely  intermixed.  Here 
too,  I  had  parted  with  my  late  companions ;  here  I  had  found 
friends  who  had  kindly  and  deeply  sympathized  with  me  in 
my  afflictions;  and  here  I  had  often  joined  in  supplications  to 
the  Almighty  for  His  grace  and  mercy  to  enable  me  to  tread 
with  cheerful  step,  the  rough  and  thorny  road  in  which  I  was 
doomed  to  travel.  Had  I,  however,  been  going  to  my  liberty  in- 
stead of  the  hulks  for  transportation,  I  doubt  not  I  should  hav« 
experienced  similar  sensations  in  leaving  my  strange  home. 
We  had  taken  leave  the  evening  previous  of  the  governor 


3 


i: 


222 


NOTES  OP  AS  EXILE,  ON  CANADA, 


who  had  treated  us  very  kindly,  and  also  of  my  excellent 
friend,  the  Rev.  Mr.  Carver,  the  prison  chaplain. 

We  were  speedily  equipped  with  chains,  and  hand-cuffs, 
and  marched  first  through  the  court-room,  called  the  Old 
Bailey,  into  a  dark  passage  underneath  the  prison,  used  as 
the  burial-place  of  the  felons  who  wore  executed  ,  more  than 
two  hundred  of  whom,  the  turnkey  informed  me,  were  there 
interred,  and  over  several  of  whose  graves  I  slunibled  on  the 
way  ;  and  at  last  emerged  into  the  open  Old  Bailey  street. 
Here  we  found  a  covered  van,  large  enough  to  hold  thirty 
persons,  and  drawn  by  three  spans  of  horses,  into  which  we 
were  crammed^  and  a  ring  in  our  chains  slipped  on  a  bar  of 
iron  which  ran  throujrh  the  entire  length  of  the  wagon. — 
'  There  were  twenty  six  English  felons  in  the  van  before  us, 
flll  chained  to  this  bolt,  and  they,  it  now  appeared,  were  to 
be  our  companions,  although  hitherto  we  had  been  strictly 
forbidden  to  speak  to  persons  of  their  character.  "  All  men 
are  born  free  and  equal,"  said  the  turnkey  to  whom  I  re- 
monstrated against  this  inconsistency  and  injustice,  and  be- 
ing an  American,  I  was  obliged  to  accede  to  this  practical 
illustration  of  my  national  first  truth,  with  as  becoming 
a  grace  as  possible,  although,  I  confess,  I  heartily  wished 
her  Majesty's  advisers  rt:duced  to  the  same  glorious  lev«l. 

The  fellows  were  supplied  with  beer,  pipes  and  tobacco, 
and  were  exceedingly  boisterous,  laughing,  singing  and  mak- 
ing as  merry  as  any  pleasure  party  going  to  th  fair.  Crack! 
went  the  driver^'s  whip,  and  away  we  flew  through  the  streets 
of  London,  at  the  rate  of  ten  miles  an  hour.  At  daylight  we 
were  beyond  the  suburbs,  and  traveling  through  as  fine  a  sec- 
lion  of  country  as  I  ever  witnessed.  The  scenery  in  some 
places  was  to  me  surpassingly  beautiful  and  lovely,  but  only 
served  to  make  me  feel  most  keenly  the  bitterness  of  bonds, 
and  the  cruel  injustice  of  our  enemies. 

Grant  and  myself  being  seated  at  one  end  of  the  van,  the 
other  being  also  open,  were  nearly  suffocated  with  the  fumes 
of  tobacco,  beer,  &c.,  from  our  jolly  fellow  travelers.  A 
strong  current  of  air,  from  our  speed,  passing  through  the 
van,  we  had  tliie  benefit  of  inhaling  it  the  whole  journey; 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


223 


and  by  the  time  we  arrived  at  Portsmouth,  (distant  seventy 
miles  from  London)  about  2  o'clock,  P.  M.,  my  patienco 
was  quite  exhausted,  and  I  was  illy  fitted  to  bear  with  be- 
coming fortitude  the  indignities  still  in  reserve  for  me.  The 
streets  of  this  great  sea-port  town,  through  which  we 
passed,  were  exceedingly  fdthy,  and  the  buildings  generally 
low,  old  and  inlerior. 

A  scow  rowed  by  convicts  conveyed  us  to  the  York  Hulk, 
an  old  seventy-four  which  was  moored  in  the  harbor,  three- 
fourths  of  a  mile  from  shore.    The  first  objects  which  attract- 
ed my  eye,  upon  gaining  the  deck,  were  James  Gemmell  and 
the  traitor  Beemer.     The  former  seemed   both  pleased  and 
grieved  to  sec  us,  but  the  countenance  of  the  latter  was  at 
dark   as  the  hidden   secrets  of  his   evil  heart.     We  were 
ranked  up  in   line  on   the  deck,  and   Capt.  Nicholson  came 
from  his  cabin,  accompanied   by  his  convict  clerk,  who  car- 
ried writing  materials  fur  taking  notes.     They  began  at  one 
end  of  our  line,  taking  each  person  in  rotation,  and  asking 
name,  trade,  age,  &,c.,  the  answers  to  which  were   carefully 
taken  down    by  the  clerk.     I  ob!>erved  that    the    convicts 
pulled  off  their   hats,  and  when  addressed  by  either  captain 
or  convict  clerk,  raised   the  fore  linger  of  the   right  hand 
to  the  head,  evincing  the  most  abject  obsequiousness  in  all 
their  actions.     This  was  entirely  new  to  me,  having  always 
been   treated  by   the   authorities  and   others  with   at   least 
decent  respect,  and  taught  to  consider  myself  in  no  manner 
•degraded  on  account  of  my  bonds.     The  foul  injustice  which 
I  had  just  suffl'red  at  the  hands  of  my  enemies  in   London, 
the  galling  chains  on  my   limbs,  the  company  of  convicts 
among  whom  I  had  been  thrust,  and  the  fumes  of  tobacco 
and  beer  which  I  had  been  enjoying  all  day,  were  brewing 
in  ray  brain,  and  I  felt  no  disposition  to  treat  this  new  dig- 
nitary, or  any  body  else  v.'ho  wore  the  British  uniform,  with 
even  common  civility.     When  he   approached  I  stood  stiff 
and  erect,  and  as  he  was  but  a  short  man,  looked  down  upon 
him  with  all  the  dignity  and  importance  I  could  command. 
He  appeared  somewhat  astonis^hed  at  my  audacity,  as  I  thus 


224 


NOTES  OF  AN  EXILE,  ON  CANADA, 


stared  him  full  in  the  face,  without  doffing  my  hat,  or  inti- 
mating as  much  as  "your  servant,  sir.'' 

"  What  is  your  name]"  he  demanded  in  a  stern  voice. 

"  Miller." 

*Ms  that  all  of  your  name  ?"  , 

*'  My  name  is  Linus  Wilson  Miller." 

*'  That  is  a  long  namt.     Pray  what  is  your  trade  1" 

**  I  never  learned  a  trade." 

**  Pray  what  have  you  learned  that  is  good  ?" 

**  To  respect  myself." 

**Did  you  ever  learn  manners  1" 

**  No  !  such  kind  of  things  come  nat'ral  in  my  country- 
all  second  nature  ;  don't  require  to  be  taught." 

"  Pray  what  uncivilized  part  of  the  earth  do  you  claim  as 
your  country  ?" 

"  I  am  an  American." 

"A  Yankee-?" 

"Yes." 

"  And  you  have  no  trade  ?" 

**  No  ;  1  have  a  profession." 

^^Whaf?" 

•*  I  was  bred  to  the  law." 

Oh,  a  lawyer."  Aside  to  the  clerk, — <*  put  him  down  a 
laborer." 

<*  What  is  your  age  1" 

*'  Twenty-one." 

**  Where  were  you  tried  V^ 

*'  At  Niagara,  Upper  Canada." 

*'  What  is  your  crime  ?" 

**  A  virtue." 

"  Indeed !  pray  for  what  virtuous  action  have  you  been 
sent  here '?" 

*' For  sympathising  with  the  Canadians." 

'*  What  is  your  sentence  1" 

"  That  you  will  learn  from  the  warrant  under  which  you 
hold  me,  and  assume  the  right  to  ask  me  these  questions. 
If  you  have  any  documents  of  the  kind,  you  can  refer  to  it 
for  any  further  information  you  require.    If  you  have  not. 


ENGLAND  AND  VAN  DIEMAN>  LAND. 


325 


'.n 


it 


you  may  as  well  send  me  ashore  in  that  old  scow  in  which 
I  just  came  off." 

**  You  are  an  impudent  fellow !    Why  do  you  not  take  off 
your  hat,  and  say  *  sir,'  when  I  address  you  V* 
*    **  In  my  country  we  do  not  mind  such  small  matters ;  hut  * 
you  English  have  taught  me  to  be  unmannerly." 

««  Take  off  your  hat!" 

I  lifted  it  slightly  from  my  head,  and  replaced  it. 

•<  Learn  to  say  *sir,'  to  me." 

•*  Sir,  I  have  hitherto  been  spared  the  degradation  which 
you  seek  to  impose  upon  me.  I  am  a  state  prisoner,  and 
entitled  to  different  treatment  from  this." 

**  You  are  at  the  hulks  now,  no  matter  where  you  have 
been,  how  you  have  been  treated  elsewhere,  or  what  your 
crime  is.  While  here  you  will  obey  iJ'e  regulations  of  the 
ship,  and  I  will  be  respected." 

My  friend  Grant  answered  his  questions  in  a  similar 
m^anner,  and  the  captain  set  us  down  ^^  hard  cases  f^^  as  we 
soon  learned  to  our  sorrow. 

After  having  been  searched  for  tobacco,  money,  &,c.,  which 
were  strictly  prohibited,  our  irons  were  taken  off,  and  our 
hair  sheared  close  to  the  head.  We  were  then  ordered  to 
wash  in  a  large  cistern,  in  whi<:h  the  whole  van-load  of  pri- 
soners had  cleansed  their  filthy  carcasses.  Our  private  cloth- 
ing was  at  the  same  time  taken  away,  and  its  place  supplied 
with  convict  apparel,  consisting  of  a  gray  jacket,  waistcoat, 
knee-breeches,  long  stockings,  striped  shirt,  checked  hand- 
kerchief, thick  shoes,  and  sheep-skin  cap.  In  this  Quixotic 
garb,  we  were  ushered  into  a  large  ward,  where  sat  the  cap- 
tain and  two  other  subordinates,  for  the  purpose  of  ques- 
tioning us  and  taking  our  descriptions,  that  we  might  be 
identified  in  case  of  an  escape.  We  were  ordered  to  expose 
our  persons  to  the  waist,  for  that  purpose.  This  was  an 
indignity  which  I  little  relished,  but  any  objections  urged  on 
my  part  would  have  answered  no  other  purpose  than  to 
excite  suspicion  of  a  wish  to  abscond.  I  now  began  to 
learn  that  a  prisoner  must  have  no  will  of  his  own,  no  feel- 
ingly no  soul  'j  the  discipline  to  which  he  is  subjected,  being 

15 


226 


NOTES  OP  AN  EXILE,  ON  CANADA, 


intended  not  only  to  torment  the  body,  but  to  crush  and 
destroy  all  those  attributes  which  constitute  the  man  as  dis- 
tinguished Irom  the  brute.  Happy  is  it  for  him  if  his  moral 
feelings  arc  so  deadened,  his  soul  so  debased  that  he  can 
not  feel  the  rackings  of  the  wheel  of  mental  and  moral* 
torture  which  the  god-like  divinity  of  the  English  law  has 
constructed  for  his  rvjormation. 

To  my  astonishment,  irons,  weighing  about  ten  pounds, 
were  riveted  upon  our  limljs,  the  same  as  upon  tlie  Knglisb 
felons,  notwithstanding  that  Lord  John  Russell  had  sent  strict 
orders  to  the  captain  of  the  hulk  that  the  Canadian  prisoners 
should  not  be  ironed,  put  to  labor,  or  placed  in  the  immedi- 
ate company  of  the  other  prisoners.  I  protested  in  strong 
terms  against  this,  but  to  no  purpose.  Soon  as  the  irons 
were  on,  an  overseer  called  us;  we  followed  him  down  three 
pairs  of  stairs  into  the  hold,  where  he  pointed  to  two  large 
logs,  weighing,  I  should  judge,  about  seven  hundred  pounds 
each,  and  ordered  us  to  lay  hold  of  and  carry  them  to  the 
upper  deck.  We  had,  during  the  process  of  washing,  &c., 
resolved  to  obey  orders,  no  matter  how  unreasonable  they 
might  be,  and  complain,  if  necessary,  to  the  higher  authori- 
ties, and,  thereforx?,  without  hesitation  took  hold  of  one  of 
the  logs  as  directed  but  were  unable  to  get  it  higher  than  the 
first  step.  I  told  the  overseer  that  however  anxious  we 
might  be  to  enjoy  the  entire  pleasure  arisin<,  from  this  novel 
exercise,  we  were  unable  to  do  so,  and  he  must  call  more 
help.  He  took  the  hint,  and  a  half  dozen  lazy  fellows  were 
forthwith  summoned  to  our  assistance.  When  we  reached 
the  upper  deck  with  our  burthen,  I  saw  the  captain  peeping 
through  the  cabin  window  at  us.  He  had  ordered  the  over- 
seer to  select  Grant  and  myself  for  this  business,  thinking 
from  our  conduct  at  the  first  introduction,  that  we  would 
certainly  rebel  and  he  should  have  a  chance  to  punish  us ; 
but  in  this  he  was  mistaken.  I  felt  sensible,  upon  reflection, 
that  I  had  treated  him  with  almost  unpardonable  rudeness, 
and  determined  to  make  amends  for  it  in  future.  He  was  an 
aged  man  and  I  sincerely  repented  having  insulted  him,  on 


ENGLAND  AND  VAN  DIBMAN^S  LAND. 


227 


ing 
lid 
is; 
)n, 
Iss, 
an 
on 


account  of  the  country  he  served.     The  sequel  will  show 
that  we  both  misjudi^ed  each  other. 

Gemmell  related  to  me  tlie  history  of  himself  and  compan- 
ions, as  far  lie  knew,  since  our  separation  at  Liverpool.     Me 
had  spent  most  of  his  time  in  the  hospital,  but  was  conver- 
sant with  all  the  incidents  relating  to  his  comrades  during 
tlieir  Slay ;  and  told  many  anecdotes,  which  although  inter- 
esting, cannot  be  introduced  into  this  work.     They  had  not 
been  required  to  labor,  were  ironed  with  a  baz/.il   only,  (a 
ring   riveted    upon   one  leg,  just  above   the   ankle,   while 
Grant  and  myself,  with  the  English  prisoners,  wore  one  on 
each,  connected  with  a  heavy  chain,)   were  confined  in  a 
ward  by  themselves,  and  exempted  from  many  of  the  prison 
rules.     They  had,  however,  sutfered  severely  from  cold,  hun- 
ger and  anxiety  of  mind;  a  lively  dcsciiption  of  which  may 
be  found  in  Mr.  Wait's  narrative.     Hopes  of  freedom  and  an 
investiiration  of  their  cases  were  held  out  to  them  to  the  last, 
(whether  in  good  faith  or  not  I  can  not  say,)  but  I  fear  it  was 
only  to  quiet  their   minds.     On  the  12th   Mareh,  they  were, 
with  but  a  few  minutes  warning,  shipped  for  Van  Dieraan's 
L.nd.     Gemmell  being  sick  in  the  hospital  at  the  time,  was 
dc  ained.    As  for  15eemer,  he  had  busied  himself  with  writing 
to  the  government  a  most  exaggerated  account  of  the  Cap- 
tain Ross  affair,  and  claiming  a  free  pardon  for  his  treachery 
on  that  occasion.    He  remained  at  the  hulks  when  the  others 
were  sent  away;  the  government  having  in  contemplation  the 
granting  of  his  request,  but  he  still  continued  his  importuni- 
ties, and  in   every  application  represented  the  mutiny  more 
aggravated  than  before  in  order  to  enhance  the  value  of  his 
service,  until  he  at  last  contradicted  himself  and  disgusted 
them.     Copies  of  his  letters  afterwards  fell  into  my  hands, 
the  first  of  which  was  as  fair  a  version  of  the  affair  as  could 
hnve  been  expected  from  a  traitor;  but  according  to  the  last, 
the  annals  of  piracy  present  nothing  half  so  foul  and  revolt- 
inff  as  were  our  intentions. 

At  night  we  were  mustered  into  a  ward  with  Gemmell  and 
about  forty  English  prisoners.  At  half-past  seven  o'clock 
prayers  were  read  by  one  of  the  convicts,  during  which  the 


228 


NOTES  OF  AN  EXILE,  ON  CANADA, 


overseers  were  present  to  maintain  order,  but  the  service 
was  only  a  solemn  mockery.  This  was  the  first  night  that 
I  ever  went  to  roost  in  a  hammock.  It  required  some  prac- 
tice to  get  into  it,  and  we  found  ourselves  sprawling  on  thv 
floor,  chains  and  all,  before  we  succeeded  in  mastering  the 
difficulty.     They  are  preferable  to  a  hard  shelf  for  sleeping. 

The  next  morning  when  the  men  were  mustered  for  labor 
we  were  called  with  the  others.  I  protested  strongly  against 
this,  stating  to  the  captain  that  it  was  a  violation  of  all  th« 
rules  hitherto  observed  by  the  government  in  our  treatment, 
and  that  as  state  prisoners,  we  were  {entitled  to  exemption 
from  servile  labor.  His  only  reply  was,  "That  will  do,  that 
will  do,  pass  on."  Descending  the  rope-ladder  over  the 
side  of  the  vessel,  we  took  our  places  in  a  launch  with  about 
sixty  men,  and  were  rowed  to  the  Portsmouth  dock-yard. — 
On  our  way  we  passed  under  the  bows  of  Lord- Nelson's  flag 
ship,  in  which  he  lost  his  life  in  the  battle  of  Trafalgar.  More 
than  a  hundred  men-of-war  were  lying  in  the  harbor,  many 
of  them  old  and  unfit  for  service.  Several  hundred  workmen 
were  employed  upon  new  vessels  on  the  stocks,  and  three 
** first-raters"  were  nearly  ready  to  be  launched.  A  steam- 
boat was  lying  at  one  of  the  wharves  to  be  loaded  with  coal, 
and  in  ten  minutes  we  were  as  black  as  the  most  sooty  sweep 
of  London.  My  long  incarceration  in  prison  and  the  physi- 
cal and  mental  sufferings  to  which  I  had  been  subjected,  had 
so  enervated  my  frame  as  to  render  hard  labor  almost  im- 
possible, yet  I  worked  very  hard,  occasionally  sitting  down 
to  rest  when  greatly  fatigued,  but  always  commencing  again 
without  being  ordered  by  the  overseer,  whose  eye  I  remark- 
ed was  constantly  upon  me.  Night  found  me  perfectly  ex- 
hausted with  the  toils  of  the  day,  and  my  hands  and  feet 
sadly  blistered. 

It  may  be  imagined  that  this  beginning  of  slavery  was 
worse  than  death  itself,  Snd  that  my  sufferings,  physical  and 
mental,  were  intolerable.  How  my  soul  loathed  the  menial 
services  I  was  compelled  to  perform,  as  well  as  every  object 
arouiiud  me  connected  with  the  tyrants  who  oppressed  we  • — 


EKGLAMD  AND  VAN  NEMAN 's  LAND. 


229 


set 


Great  as  my  physical  sufferings  were,  those  of  a  mental  nature 
were  far  greater,  for  I  now  felt  myself  a  slave,  degraded,  but 
thank  Heaven,  not  debased.  My  soul  was  as  free  as  ever, 
and  as  new  trials  came  upon  me,  I  was  granted  strength  to 
bear  them,  I  trust,  with  becoming  fortitude.  Despair,  with 
his  grim,  ghastly  visage,  would  sometimes  haUnt  my  spirit, 
but  hope  was  every  ready  to  chase  the  monster  away,  and  I 
had  too  much  pride  to  allow  my  enemies  the  satisfaction  of 
crushing  and  breaking  an  American's  spirit.  If  I  was  ever 
tempted  in  my  darkest  hours  to  despond,  visions  of  my  native 
land,  oihome,  and  kindred  spirits  there,  who  looked,  though 
vainly,  for  my  return,  would  nerve  me  to  grapple  with  the 
worst,  and  I  always  came  off  more  than  conqueror. 

The  next  day  we  were  employed  in  skidding  up  large  logs, 
of  which  the  dock-yard  was  full,  and  this  continued  two 
weeks,  during  which  time  I  was  narrowly  watched  by  the 
overseer,  who,  however,  found  no  occasion  for  fault,  while 
he  was  under  the  necessity  of  continually  threatening  the 
English  prisoners  with  a  flogging,  on  account  of  idleness  and 
general  bad  conduct.  In  the  mean  time,  I  demanded  writing 
materials  of  Captain  Nicholson,  for  the  purpose  of  complain- 
ing of  our  treatment  to  Lord  John  Russell.  He  complied 
with  a  very  ill  grace;  but  the  regulations  to  which  he  was 
subject,  as  well  as  myself,  allowed  me  that  privilege,  al- 
tJiough  it  was  his  also  to  inspect  all  letters,  and  send  any 
counter  statements  with  reference  to  complaints  which  he 
might  deem  proper.  My  letter  was  not  couched  in  the  most 
humble  and  moderate  language,  but  reflected  severely  upon 
the  government  for  all  the  injustice  I  had  lately  suffered.  I 
also  wrote  to  Messrs.  Hume  and  Roebuck,  and  in  a  commu- 
ni«ation  to  the  Reverend  Mr.  Carver,  who  had  requested 
me  to  write  to  him  occasionally,  I  inconsiderately  took  the 
liberty  to  animadvert  in  strong  terms  upon  British  justice. — 
This  letter,  after  being  inspected  by  the  captain,  was  sent 
tuisealedy  first,  to  the  great  "  powers  that  be,"  in  London, 
and  by  them  forwarded  to  my  friend,  who  was  greatly  alarm> 
ed  lest  the  government  should  suspect  him  of  similar  senti- 
ments, and  wrote  me  a  severe  reprimand,  which  he  also  sent 


J880 


NOTES  OP  AN  EXILE,  ON  CANADA, 


WTwea/eei  through  the  same  channel.  I  did  not  blame  him  for  this, 
for  I  knew,  that  although  he  was  one  of  my  warmest  friends, 
he  was  as  jealous  of  his  character  for  loyalty  to  his  sover- 
eign, as  I  was  of  my  own  for  the  cause  of  Canadian  liberty. 
But  kindness  of  heart  was  visible  in  every  sentence  of  his 
singular  epistle;  at  the  close  of  which  he  annexed  testimo- 
nials of  character  for  myself  and  friend,  to  be  used  if  w« 
thought  proper  in  the  land  of  our  exile.* 

At  the  end  of  two  weeks,  the  captain,  whose  hauteur  to- 
ward me  had  been  daily  wearing  away,  said  in  an  under  tone, 
when  my  name  was  called  at  the  muster  for  labor,  "  I  shall 
send  you  and  Grant  out  to  Chelsea  beach  to  work  in  the  in- 
valid gang,  where  your  labor  will  be  light."  I  made  him 
no  reply,  although  in  truth  glad  of  the  change,  for  I  was  quite 
unable  to  perform  our  heavy  tasks  in  the  dock-yard. — 
*'  Thank  you,  sir,"  was  upon  my  lips,  but  I  recollected  the  in- 
justice which  I  had  suffered  in  being  compelled  to  labor  with 
the  English  felons,  and  was  silent.  There  were  about  seven- 
ty invalids  in  the  gang — lame,  blind,  halt  and  lazy;  and  among 
the  latter  I  soon  learned  to  class  myself.     The  beach  where 

•This  ig  to  certify  to  all  whom  it  may  concern,  that  from  a  long  and  intimate  acquain. 
tance  with  Mr.  Linus  Wilson  Miller,  during  the  period  of  his  detention  as  a  state  pri- 
soner in  the  prison  of  Newgate,  London  ;  and  from  daily  observation  of  his  character 
and  disposition,  I  consider  it  only  an  act  of  justice  to  state  that  I  conscientiously  believ« 
him  to  be  a  young  man  of  excellent  ebiliiies,  extensive  attainments,  strictest  honor  and 
integrity,  sober  and  industrious  habits,  and  actuated  by  a  high  sense  uf  religious  and 
moral  responsibility,  founded  upon  a  solid  and  extensive  acquaintance  with  the  doc. 
trines  and  precepts  of  the  inspired  volume ;  and  moreover  I  can  heartily  recommend 
him  as  well  qualified  to  fill  any  situation  where  trust,  confidence  and  good  abilities  are 
-essential  requirements.    He  has  studied  as  an  American  barrister- 

JAMES  CARVER,  M.  A.,  Corp.  Chris.  Coll.,  Cambridge. 
-September  3, 1839.'  Chaplain  of  Newgate  Prison,  London. 

This  is  to  certify  that  I  have  been  intimately  acquainted  with  Mr.  Grant,  for  many 
months  detained  as  a  state  prisoner  in  the  jail  of  Newgate  and  now  about  to  be  ban. 
ished  to  Van  Dieman's  Land.  After  a  close  and  daily  observation  of  his  principlea, 
disposition  and  habits  'or  so  long  a  period,  it  affords  me  very  great  satisfaction  in  being, 
able  %o  bear  my  testimony  to  his  character  as  a  very  upright,  honest,  sober,  amiable, 
industrious,  and,  above  all,  religious  young  man.  Any  person  requiring  an  active, 
intelligent  and  trustworthy  assistant,  in  almost  any  branch  of  bu8iness,will  find  in  Mr- 
Grant  an  invaluable  coadjutor. 

JAMES  CARVER,  M.  A.,  Corp.  Chris.  Coll.,  Cambridge. 

September  3, 1839.  Chaplain  of  Newgate  Prison,  London. 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


231 


»D. 


we  worked  was  about  one  mile  from  the  hulk,  and  the  em- 
ployment consisted  chiefly  in  wheeling  earth,  in  barrows,  a 
distance  of  eighty  yards,  to  form  an  embankment;  but  every 
high  tide  washed  away  the  fruits  of  our  labors.  I  was  not  a 
little  amused  at  the  manner  of  working  practised  by  the  in- 
valids, who  being  exempt  from  hard  labor  by  the  surgeon, 
are  only  required  to  work  for  exercise.  In  the  first  place 
tlie  barrows  were  filled,  not  too  heavily j  by  some  stiff-backed 
fellow  who  appeared  to  know  nothing  about  stooping.  The 
knight  of  the  barrow  would  then  wheel  it  about  twenty 
paces,  set  it  down  and  rest  a  few  minutes;  then  start  afresh, 
going  the  same  distance  at  a  snaiPs  pace.  In  the  course  of 
half  an  hour  the  cargo  of  earth  would  reach  its  destination, 
and  the  fellow  might  be  seen  resting  on  his  way  back  with 
the  empty  barrow.  He  who  could  do  the  least  work  without 
standing  absolutely  motionless  during  the  whole  day,  was 
esteemed  the  best  fellow;  and  the  beauty  of  the  system  was, 
that  all  went  on  harmoniously,  overseer  and  men  being  too 
lazy  to  scold  or  quarrel.  The  sun  was  closely  watched  by 
all  until  he  reached  his  meridian,  when  a  cessation  of  all 
secular  pursuits  took  place  for  a  long  hour.  Eating,  drink- 
ing and  dozing  were  then  performed  with  a  right  good  will 
until  the  bell  rang  for  labor,  when  Sol,  in  his  downward 
course,  again  became  an  object  of  special  interest. 

The  overseer  informed  me  that  his  orders  from  the  captain 
were  to  allow  Grant  and  myself  to  work  or  not,  at  our  own 
descretion  ;  of  which  gracious  permission  we  were  not  reluc- 
tant to  avail  ourselves.  Six  men  were  sent  with  a  cart  every 
morning  (a  sentry  guarding  them)  about  one  mile,  to  draw  a 
cask  of  water  for  use  during  the  day ;  we  made  two  of  the 
number,  and  this  was  our  task  for  the  entire  day.  Conceiv- 
ing the  possibility  of  an  escape  into  the  country,  where  it 
was  probable  we  should  find  friends  to  aid  us,  (for  our  cases 
had  become  universally  known  and  commiserated,)  we  re- 
solved to  make  an  attempt  to  throw  off  the  yoke  of  slavery, 
and  resent  the  injustice  which  we  had  experienced.  Flog- 
ging was  the  usual  punishment  for  absconding,  but  we 
thought  Captain  Nicholson  would  hesitate  before  he  used  the 


232 


NOTES  OP  AN  EXILF,  ON  CANADA> 


cai-o* -nine-tails  to  state  prisoners,  and  rather  hush  the  matter 
up  than,  by  punishing  us,  make  our  disgraceful  treatment 
public.  I  felt  somewhat  elated  at  the  prospect  of  showing 
our  enemies  that  we  duly  appreciated  their  kindness,  and 
enjoyed  the  sweets  of  freedom  from  our  galling  bondiage,  if 
it  were  only  for  a  few  hours.  I  also  enjoyed  the  anticipa- 
tion of  causing  the  tyrants  a  little  trouble,  and  possibly  moi^- 
tification.  Gemmell  was  made  a  confident  in  the  business, 
after  being  cautioned  to  beware  of  Beemer,  and  he  entered 
into  the  plan  with  right  good  will.  We  made  ourselves  ac- 
quainted with  the  immediate  vicinity  of  the  surrounding  coun- 
try from  a  map  supplied  by  him.  The  sentry  who  accom- 
panied the  water  cart  being  careless  in  his  movements,  we 
proposed  to  knock  him  down  at  the  spring,  possess  ourselves 
of  his  gun,  and  then  send  him  back  to  the  party  with  the 
remainder  of  his  charge,  making  him  the  bearer  of  a  letter  to 
the  captain,  which  I  wrote  for  the  purpose.*  Gemmell,  who 
at  that  time  was  expecting  a  free  pardon,  requested  me  to 
furnish  him  with  a  copy  of  this  epistle  to  carry  home  with 
him,  and  I  was  foolish  enough  to  do  so. 


*SiB| — Although  no  apology  can  be  due  to  you  Tor  the  step  we  ere  about  taking,  vn» 
deem  it  proper  in  justice  to  ourselves,  to  state  the  reasons  which  have  induced  lu  to  attempt 
ovr  emancipation  from  British  thraldom. 

No  civilized  government  upon  earth  makes  greater  professions  of  justice  than  that  of 
Great  Biitain.  Humble  and  insignificant  as  we  may  appear  in  the  estimation  of  that 
gOTernmeni,  we  have  rights,  whieh,  notwiibstanding  the  convict  apparel  upon  eur  persons* 
galling  chains  upon  our  limbs,  and  the  menial  tosks  which  we  are  made  to  perform,  we 
have  never  forfeited.  From  the  period  of  our  first  imprisonment  in  Canada,  those  righto 
kave  been  trampled  upon  and  violated.  Tried  under  a  provincial  act,  evidently  UDCon8tit» 
ttonal  and  repugnant  to  the  laws  of  England,— nay,  not  tried,  for  the  proceeding  against  ii» 
deserved  not  the  name  of  a  trial,-.dragged  through  a  thousand  horrors  to  the  shorei  of 
thia  "  free  and  happy  England,"  it  was  natural  for  us  to  hope  for  some  amelioratina  of  our 
woes  where  the  divinity  of  justice  presided  in  person;  but  the  experience  of  a  few  montba 
kaa  taught  us  that  hopes  founded  upon  so  baseless  a  fabric  must  be  vain  and  delusive. 

Tbe  decisions  of  her  Majesty's  Court  of  Queen's  Beach  iu  our  cases  was  evidently  foand^ 
fld  upon  a  predetermination  to  support  the  present  administration  of  government. 

The  subsequent  decision  of  the  Court  of  Exchequer  in  the  cases  of  our  conradea,  in  tito 
benafit  of  which  investigatiou  we,  unfortunately,  did  not  participate,  oould  nayt»  by  uaj 
passible  construction,  lessen  our  claims  to  either  a  just  or  mercifkil  cousideratioa  of  our 
osvn  oaaes  from  the  government. 

Compelled  by  the  decision  of  the  court  to  release  the  nine  untried  prisonQr*,  the  ettath 
liahed  hypocrisy  of  the  British  government  was  manifested  in  their  patents  of  pardopw 
whieh  atated  that  the  royal  clemency  was  extended  tu  them  io  conaideratiou  of  tkeir  baxiag 
already  suffered  sufficiently  for  their  crimes. 

It  waa  well  known  to  the  government  that  some  of  them  were  active  agenta  in  geting  w^ 
tba  rabellioD,  and  in  thia  roipeet  far  mora  guilty  than  either  of  us,  white  our  sttfikriBfa  iu4 


ENGLAND  AND  VAN  DIEMAN^S  LAND. 


239 


About  half  an  hour  before  the  time  set  for  the  execution 
of  our  project,  the  captain  came  off  in  his  boat,  apparently 
in  great  trepidation,  and  ordered  us  to  return  with  him  to  th« 
hulk.  Suspecting  from  his  grave  demeanor  that  all  was  not 
right,  I  took  the  letter  from  my  pocket  and  commenced  tear- 
ing it  into  small  slips,  which  I  threw  into  the  water.  The 
captain  ordered  the  boatmen  to  cease  rowing,  and  came  for- 
ward to  the  bow  where  we  sat,  with  the  intention  of  seizing 
it ;  but  crushing  it  in  ray  hand,  I  held  it  under  water,  upon 
which  he  re -seated  himself,  and  closely  watched  me  while 
tore  it  into  fragments.  Arriving  at  the  hulk,  the  first  object 
which  I  saw  was  Beemer,  whose  countenance  wore  a  malr- 
cious  grin,  which  I  well  understood.  Gemmell  stood  lean- 
ing against  the  side  of  the  ship  pale  as  marble,  as  was  always 
the  case  w^hen  he  had  committed  some  egregious  blunder. 
I  learned  from  him  that  in  the  unbounded  joy  of  his  heart, 
»t  the  prospect  of  our  escape,  and  supposing  that  we  wer« 
already  beyond  the  reach  of  treachery,  he  had  made  a  con- 
fident of  Beemer,  who  snatched  the  before-mentioned  copy 

been  greater  and  more  severe  than  theirs,  notwithstanding  which  we  were  denied  the  ■aim) 
boon,— becauiie,  forsooth,  there  was  no  compulsion  as  in  their  cases, — our  respectful  peti* 
tfaMis  rejected  and  our  friends  insulted  for  daring  to  ask  for  even  justice  in  our  behalf. 

The  discharge  of  our  comrades  was  the  signal  for  the  imposition  of  new  and  aggravated 
•ererities  upon  us.  We  were  immediately  removed  to  this  place  in  company  with  tbv 
worst  of  felons,  and  as  though  nn  longer  entitled  to  the  treotmentof  state  prisoners,  wes 
berded  with  th<^  ofl'»courings  of  England,  and  indeed  of  the  earth,  compelled  to  conform  to 
the  same  degrading  rules  and  perform  the  same  servile  labor,  a  slavery  far  worse  than  has 
ever  fallen  to  the  lot  of  the  Negro  race  ia  any  ag«  or  part  of  the  earth  in  oonsequence  at 
tbe  contaminniing  influences  of  the  most  revolting  vices. 

Whether,  sir,  the  government  have  sanotioned  the  i;everity  which  you  have  imposed  npoa 
■a,  is  a  question  fur  you  to  answer,  and  it  makes  no  .liflfecence  with  us,  who  have  been  tUs 
aufferers.  It  is  not  unknown  to  us,  however,  that  you  receiveJ  positive  orders  from  her 
Majesty's  Secretary  of  State  to  treat  the  Canadian  prisoners  lately  under  your  charge(Me8sr8. 
Wait  and  others)  as  state  prisoners.  Have  those  orders  been  countermanded,  and  th« 
government  made  you  the  instrument  of  visiting  upon  our  devoted  heads  punishment  mi^ 
JScjent  to  satisfy  tbem  for  their  royal  mercy  to  our  pardoned  comrades? 

In  conclusion,  we  have  only  to  say  that  we  detest  the  tyranny  we  have  endured,  and  the 
nthors  of  it,  and  hope  our  present  effort  to  gain  our  liberty  will,  whether  successful  or  na|, 
«rve  to  convince  ouc  enemies  that  we  have  at  least  the  courage  to  resent  our  injuries^.- 
Tbe  sentry  who  guards  the  water  cart  to  the  spring,  will  be  the  bearer  of  this  letter  to  yof^ 
and  as  we  intend  taking  his  gun,  &o,,  for  our  own  use,  we  beg  to  recommend  hin  tojoui 
Car  another  gun  and  kit. 

We  have  the  honor  to  be»  air,  your  obedient  servants, 

L.  W.  MILLER, 
JOHN  GRANT, 

State  prisoner  fl'ogiiCiudv 

fttolU  Nicholson,  R.  N.,  ComnandMr  of  York  Hulk,  PortamoiBh, 


234 


irOTES  OF  AN  EXILE,  ON  CANADA, 


of  our  letter  and  ran  with  it  to  the  captain.  Deeply  morti- 
fied as  I  was,  I  could  but  forgive  Gemraell  his  indiscretion, 
for  I  was  certain  he  meant  no  evil.  I  had  known  him  a  long 
time  as  an  honest-hearted  young  man,  and  to  this  day  enter- 
tain great  respect  for  him  on  account  of  his  ardent  attach- 
ment to  the  cause  of  Canadian  liberty.  As  for  Beemer, 
"what  else  could  have  been  expected  fiom  such  a  renegade  ? 
In  the  afternoon  I  was  summoned  into  the  cabin,  where  I 
found  the  captain  and  his  chief  matt,  and  the  following  dia- 
logue took  place  between  the  former  and  myself. 

"  Do  you  know  that  hand-writing'?" — handing  me  at  the 
same  time  the  paper  which  Beemer  had  given  him. 

''  Yes,  sir;  it  is  my  own,"  I  answered  without  hesitation. 

"  Indeed  !  then  you  acknowledge  having  written  itl" 

"  Certainly.  I  never  write  any  thing  which  I  am  ashamed 
to  own.  That,  sir,  is  a  copy  of  the  letter  which  you  saw 
me  tearing  up  in  your  boat.  You  are  indebted  to  Jacob 
Beemer  for  it,  I  am  told." 

''  No  matter  how  it  came  in  my  possession  ;  but  were  you 
really  so  foolish  as  to  think  of  an  escape  ]  It  is  utterly 
impossible  for  any  prisoner  here  to  get  away ;"  and  he 
talked  half  an  hour  to  convince  me  that  such  was  the  case, 
which  only  served  to  satisfy  me  that  he  feared  we  might 
have  been  successful. 

I  replied,  ^*  there  could  be  no  harm  in  trying." 

"  Why  did  you  wish  to  abscond  V^ 

'*  That  is  a  strange  question  to  ask  a  captive ;  but  the 
letter  should  have  taught  you  our  reasons." 

**  I  have  done  wrong,  and  am  not  ashamed  to  confess  it  to 
you.  You  doubtless  recollect  that  you  were  exceedingly 
impertinent  to  me  on  your  first  arrival  here.  I  formed  a 
very  unfavorable  opinion  of  yourself  and  friend,  Mr.  Grant, 
in  consequence,  and  resolved  to  be  severe  with  you.  Mj 
orders  were  to  treat  you  as  state  prisoners,  and  I  have 
regretted  ever  since  taking  the  first  step,  that  I  did  not  fol- 
low them.  I  have  watched  you  closely  the  whole  time,  and 
have  not,  since  the  first  day  we  met,  been  able  to  detect  a 
single  fault  in  your  conduct.    Your  overseers  have  told  me 


ENGliiAND  AND  VAN  DIEM  AN 's  LAND. 


235 


that  yourself  and  friend  were  by  far  the  most  industrious  and 
best  behaved  men  ever  und^r  their  charge,  and  I  have  been 
Tery  sorry  for  my  conduct  toward  you.  The  complaints 
\vhich  you  wrote  to  the  government,  I  took  the  liberty  to 
suppress,  and  it  is  not  known  in  London  that  you  have  been 
required  to  labor,  as  I  have  done  it  entirely  upon  my  own 
responsibility.  Henceforth  I  shall  endeavor, to  make  amends 
for  the  past.  Your  crime  is  not  of  a  nature  to  degrade  you, 
and  in  my  opinion  deserves  no  punishment.  Be  assured 
you  have  my  deepest  sympathies,  and  in  future  regard  me  as 
a  friend,  for  such  you  will  ever  find  me  while  your  conduct 
remains  good.  While  you  remain  under  my  charge,  let  rae 
never  again  see  you  put  your  hand  to  labor  of  any  kind. — 
I  want  no  person  to  labor  on  my  ship,  who  has  committed 
no  crime.  I  have  given  orders  that  you  have  the  full  liberty 
of  the  ship,  and  be  exempt  from  the  rules  for  the  guidance 
Obf  the  felons." 

I  thanked  him,  and  acknowledged  at  the  same  time  my 
impropriety  of  conduct  on  the  day  of  my  arrival,  for  which 
I  had  been  not  only  sorry,  but  ashamed  ever  since,  but  had 
borne  much  at  that  time  to  tire  my  patience. 

Grant  was  then  called,  and  dealt  with  in  a  similar  manner; 
after  which  our  heavy  irons  were  knocked  off,  and  I  will 
add,  that  the  events  of  the  day,  although  entirely  different 
from  what  we  anticipated  in  the  morning,  removed  a  heavy 
load  from  my  heart ;  as  it  now  appeared  our  late  treatment 
was  not  intended  by  the  government,  and  I  indulged  the 
hope  that  upon  our  arrival  in  Van  Dieman's  Land  the  same 
rules  would  be  observed. 

During  the  remainder  of  our  stay  at  the  hulk,  Capt.  N. 
was  all  that  he  had  promised,  a  true  friend.  He  could  not 
have  treated  us  better.  As  for  the  traitor,  Beemer,  he  was 
scouted  from  one  end  of  the  ship  to  the  other.  Not  one  of 
the  officers  would  speak  to  him,  and  even  the  convicts  shun- 
ned him  as  a  greater  scoundrel  than  themselves.  They 
called  him  "  the  man  who  comes  it  on  his  mates." 

The  rations  of  the  prisoners  consisted  of  oat-meal  for 
breakfast  and  supper,  with  four  ounces  of  ship  biscuit.    Fox 


236 


KOTCS  OF  AN  EXILE,  ON  CANADA, 


dinner  a  pint  of  soup,  (so  called,  although  it  was  little 
better  than  warm  water,)  a  half  pound  of  salt  beef,  gen- 
erally all  bone,  and  a  pound  of  a  coarse,  black  substance^ 
which  the  officers  called  bread,  and  the  prisoners,  "  brown 
tommy."  I  do  not  exaggerate,  when  I  assert  that  swine, 
in  my  own  country,  would  not  eat  it  unless  half  starved. 
What  it  was  made  of  I  nerer  took  the  trouble  to  inquire,  as 
eating  it  was  out  of  the  question.  Every  third  day  dinner 
consisted  of  this  bread,  half  a  pint  of  sour  ale  and  twsD 
ounces  of  unpalatable  cheese.  The  prisoners  generally 
complained  of  hunger  after  their  meals.  Many  were  greatly 
emaciated  from  this  cause.  I  suffered  much  myself  from  a 
craving  appetite,  which  was  not  once  satisfied  while  there. 

In  the  winter  season  the  clothing  and  bedding  allowed  is 
but  just  enough  to  keep  the  poor  suffering  wretches  from 
freezing.  The  wards  are  cold  and  damp,  no  fire  being  allow- 
ed. In  order  that  it  may  not  be  said  that  "slaves  breathe  in 
England,"  twopence  per  day  is  allowed  each  man  who  labors 
in  the  dock-yard,  one  half  of  which  he  draws  at  the  end  of 
the  week  in  "white  bread,"  and  the  other  penny  is  put  by  for 
him  to  receive  at  the  end  of  his  sentence.  Thc4a8t,  however, 
he  seldom  gets.  The  invalids  who  work  at  Chelsea  beach 
get  nothing  but  the  salt  in  their  skilly,  which  they  scarcely 
earn.  Once  a  year  the  friends  of  the  prisoners  are  allowed 
to  see  th§m,  and  every  six  months  an  interchange  of  letters 
(which  always  pass  through  the  captain'j  hands)  may  tako 
place.  Many  prisoners  whose  sentences  are  seven  and  ten 
years,  are  never  sent  from  the  country,  but  serve  the  whole 
time  at  the  hulks.  When  their  conduct  has  been  good,  a  year 
and  sometimes  more,  is  forgiven;  but  there  are  few  who  can 
claim  this  indulgence.  Those  sentenced  for  a  longer  period  am 
invariably  sent  to  Van  Dieman's  Land.  Boys  aged  from 
seven  to  twelve  years  are  sent  here,  and  to  the  penitentiary 
on  the  Isle  of  Wight.  Several  hundred  are  yearly  sentenced 
to  transportation  for  seven,  ten  and  fourteen  years.  They  are 
mostly  educated  in  crime  by  their  parents,  who  teach  them  to 
pick  pockets,  &c.  How  far  such  lads  should  be  accountablo 
to  the  laws,  is  a  question  which  I  will  not  pretend  ta  answei^ 


■/ 


■7 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


237 


but  of  this  I  am  certain,  their  condition  is  rendered  hopeless 
by  being  transported.  If  they  are  not  perfect  masters  of  ths 
devWs  art  before,  they  become  so  in  a  few  months'  time  after 
being  sent  to  the  huliis.  Although  the  rules  of  these  floating 
prisons  are  exceedingly  rigid  and  severe,  every  thing  which 
can  be  called  an  indulgence  being  prohibited  on  pain  of  soli- 
tary confinement  in  the  cells  or  a  flogging,  traffic  in  money, 
tobacco,  knives,  &c.,  is  constantly  carried  on,  and  means  are 
found  to  evade  the  penalty.  Happy  would  it  be  for  the  poor 
convict  if  the  foregoing  description  embraced  the  worst  fea- 
tures of  the  hulk  system.  I  pause  upon  the  threshhold  of  its 
dark  and  disgusting  realities,  imd  ask  myself  the  question, 
what  good  will  be  secured  by  going  farther?  But  the  spirits 
df  the  damned  who  have  here  filled  up  the  measure  of  human 
iniquity  beckon  me  onward,  crying,  "Spare  not  the  truth!" 
and  the  hope  that  its  horrors  when  known,  will  save  my  own 
country  from  ever  adoj)ting  such  a  system,  would  nerve  my 
hand,  if  palsied,  to  trace  it  if  possible  in  characters  of  living 
light  and  eternal  durability  upon  the  margin  of  the  heavens, 
that  not  only  Americfins,'but  Englishmen,  might  read  it  and 
beware!  From  the  moment  the  poor  convict  sets  his  foot 
apon  the  Ibglish  hulk  till  he  leaves  it,  suffering,  privation, 
insult,  reproach  and  shame  become  his  meat  and  his  drink, 
and  are  stamped  upon  his  gloomy  brow;  no  voice  of  kindness 
cssrer  greets  his  ear,  no  christian  points  him  to  hope  in  this 
world,  or  pardon  and  bliss  in  the  next;  but  curses,  impreca- 
tions and  obscenity  from  his  wretched  companions  pour  in 
upon  his  soul,  until  every  holy  feeling  is  deadened  and  a 
living  he41  burns  within  his  breast.  Vice  and  crime  of  the 
most  revolting  nature,  such  as  called  down  the  vengeance 
of  heaven  upon  ancient  Sodom  and  Gomorrah,  are  prevalent 
to  an  alarming  extent,  and  indeed  every  influence  to  which 
he  is  subjected  drags  him  downwai^  with  fearful  and  rapid 
i^ides  to  the  chambers  of  eternal  death.  Such  fearful  results 
are  the  natural  results  of  herding  depraved  men  together 
imder  such  a  system — a  system  which  insures  not  only  their 
entire  ruin  in  this  world,  but,  what  is  of  far  more  importance, 
in  that  which  is  to  come. 


238 


NOTES  OF  Alf  EXILE,  ON  CANADA, 


There  was  indeed  a  chapel  in  that  sink  of  infamy,  and  a 
nalaricd  clergyman  of  the  Church  of  England,  during  tho 
time  I  was  there,  preached  Sunday  mornings,  anii  as  1  under- 
stood performed  the  evening  service  at  the  Leviathan  hulk 
which  lay  moored  in  the  harbor;  but  we  never  saw  him  dur- 
ing the  week  or  heard  him  speak  except  from  tho  i)ulpit. — 
His  sermons  were  very  dry  and  uninteresting,  and  a  word  of 
kindness  or  encouragement  to  the  poor  fallen  men  under  him 
was  never  heard  from  his  lips.  Ilis  whole  coikIiicI  proved 
tliat  he  felt  no  interest  whatever  in  the  spiritual  welfare  of  his 
charge.  I  became  acquainted  with  a  few  whc>v  upon  their 
first  arrival  at  the  hulk,  evinced  a  desire  to  abandon  sin  and 
seek  the  consolations  of  religion  as  the  only  source  of  happi- 
ness left  to  them  in  this  world;  but  there  was  no  one  to  take 
them  by  the  hand  and  point  to  a  bleeding  Savior;  no  one  to 
encourage  their  good  resolutions;  no  one  to  tell  them  that  tlie 
Redeemer  of  mankind  came  to  seek  and  save  tho  lost  and 
ruined  of  earth,  and  they  soon  returned  to  sin  and  folly. 

The  lower  deck  was  used  as  a  hospital  for  the  sick,  and  had 
accommodations  for  about  one  hundred  patients.  During  the 
sickly  season  it  is  oftea-  full,  and  but  too  frequently  vacancies 
occur  to  replenish  the  dead-house.  A  coroners  infjucst  was 
always  called,  when  this  loathsome  receptacle  became  crowd- 
ed. The  jury  from  Portsmouth,  would  merely  look  at  the 
corpse  and  return  a  verdict  according  to  the  report  of  the 
surgeon,  who  was  the  only  witness  questioned.  I  have  no 
hesitation  in  giving  it  as  my  opinion,  that  cases  frequently 
occur  where  the  surgeon  ought  to  be  indicted  for  mal-practice 
or  culpable  neglect;  but  then,  who  cares  for  tho  life  of  a  con- 
vict] The  relatives  of  the  deceased  are  generally  at  a  dis- 
tance, and  the  government  are  interested  in  getting  as  many 
of  the  poor  wretches  off  their  hands  as  they  conveniently  can. 
The  jurymen  are  generally  such  persons  as  are  incapable  of 
detecting  foul  play  if  the  evidences  of  it  were  ever  so  plain, 
and  what  is  worse,  care  not  whether  a  convict  is  murdered 
or  dies  by  the  visitation  of  God.  The  dead  after  having  been 
dissected,  were  nailed  up  in  a  rough  box  and  thrown  into  a 
pit  on  ehore  without  ceremony.    Such  was  the  melancholy 


ENGLAND  AND  VAN  DIEMAN's  LAND, 


239 


end  of  thr  ronvir-t!  When  any  poor  wretch  lay  at  the  point 
of  death,  the  clergyman  l)cfore  nKMitioiicd  was  sent  for,  who 
would  ^o  to  the  couch  of  the  dyini?  man,  talv(;  his  prayer 
l30ok  from  his  ])ocket  and  hastily  read  the  scrvi(!o  appointed 
for  the  occasion,  and  generally  without  saying  another  word, 
turn  coldly  away,  jump  into  his  hoat  and  return  to  the  shore, 
to  enjoy  his  ease  and  comf'ortahlo  salary.  No  wonder  that 
the  poor  convicts,  with  but  few  exceptions,  expired  uttering 
onths  ami  imprecations.  Fearful  must  be  the  state  of  that 
surpliced  gcnt/vman  at  the  last  great  dayl  The  convict 
whom  he  di^spises  will  rise  up  in  judgment  to  condemn  him. 

I  sat  by  the  couch  and  witnessed  the  last  moments  of  a 
l>oor  fellow,  who  died  apparently  more  from  a  broken  lieart 
than  any  deadly  malady.  Oaths  and  curses  were  as  usual 
the  most  familiar  sounds  in  that  chamber  of  death,  but  the 
dying  man  heeded  them  not ;  his  thoughts  were  upon  sub- 
jects dear  to  him  in  thai  solitary  and  all-important  hour. — 
The  home  of  his  childhood,  his  widowed  mother,  a  sister, 
and  a  dear  fVieml  whom  he  called  *'  Sarah,"  were  ever  and 
anon  upon  his  lips.  The  days  of  his  innocency  and  happi- 
ness came  back  in  all  the  freshness  of  awakened  memory, 
and  as  he  lisped  the  names  of  those  he  loved,  and  who, 
perchance,  still  loved  him,  notwithstanding  his  errors,  his 
dim  eye  kindled  with  the  lustre  of  other  days,  and  hi» 
blanched  cheek  gathered  a  momentary  freshness,  evincing 
that  lost  and  ruined  as  he  was,  the  heart's  best  affections  had 
lived  to  the  last,  while  honor,  virtue,  and  all  else  that  was 
good,  had  sunk  long  years  before  in  the  dark  sea  of  crime. 
He  inquired  of  me  if  Jesus  died  to  save  convicts?  I  replied 
that  he  was  crucified  between  two  convicts,  and  read  to  him 
the  promise  made  to  the  penitent  thief  when  just  upon  the 
threshhold  of  eternity.  He  entreated  me  to  hold  the  Bible 
before  his  eyes,  that  he  might  read  the  w^ords  himself.  I 
complied,  and  when  he  had  finished,  he  closed  his  eyes  and 
lay  silent  for  a  few  minutes,  but  his  lips  were  moving  while 
the  cold  sweat  of  death  stood  in  large  drops  upon  his  fore- 
head. Opening  his  eyes  he  whispered,  (for  he  was  nearly 
gone,)  *'0h  that  my  poor  mother  was  here.    She  has  pray- 


140 


NOTES  OF  AN  EXILE,  ON  CANADA, 


ed*for  her  wicked  son  a  Ion{r,  long  time,  and  now  I  believe 
her  prayers  are  answered^  for  I  feel,  I  feel  that  I  am  not 
sfraid  to  die.  I  don't  ieel  that  great  load  of  sin  now — it's 
all  gone;  and,  somehow,  it  looks  bright  and  pleasant  yonder 
(looking  upward  as  if  the  gate  of  heaven  were  visible.) — 
Oh!  that  I  oould  live  a  little  longer.  It  seems  as  if  I  could 
persuade  all  the  prisoners  here  to  forsake  sin  and  love  God« 
I  am  happy! — how  sweet  death  is  —  how  dreadful  sin  looks 
— how  merciful  Jesus  is!  Oh,  mother!  dear  mother,  we  shall 
meet  there! — till  then  fare — ."  The  word  remained  unfin- 
ished; for  the  crushed  and  broken  spirit  of  the  convict,  th€ 
<2oomed,  the  lost,  the  degraded  outcast  of  earth,  shook  off 
its  earthly  chains,  and  it  is  to  be  hoped  stood  regenerated, 
free  and  blessed,  in  the  presence  of  the  Eternal  One.  How 
many  favored  sons  of  fortune,  who  despise  their  fallen 
brethren,  pass  from  the  scenes  of  earthly  grandeur,  and  th« 
enjoyment  of  earth's  richest  blessings,  without  one  ray  of 
that  cheering  light  which  shone  upon  the  convict's  soul 
to  illume  the  shades  of  death !  But  seldom,  indeed,  does  it 
happen  that  the  last  moments  of  the  convict  are  otherwise 
than  most  horrible  and  wretched.  Oaths  and  blasphemy, 
too  frightful  too  be  heard,  ore,  in  nineteen  cases  in  twenty 
at  least,  the  last  sounds  which  proceed  from  his  lips.  This 
is  a  natural  consequence  of  the  wretched  hulk  system.  The 
responsibility  resting  upon  the  British  government  in  this 
respect  is  fearful.  Although  a  member  of  society  may,  by 
crime,  forfeit  his  priTiliges  as  such,  and  possibly  his  natural 
right  to  even  life  itself,  but  what  offense  against  the  laws  of 
either  man  or  God  can  confer  the  right  upon  government  to 
destroy  the  soul  as  well  as  body,  and  shut  the  gates  of 
heaven,  as  well  bs  the  doors  of  earth  against  him  1  Several 
thousand  men,  boys  and  females  are  yearly  doomed  to  drag 
out  existence  either  in  Van  Dieman'-s  Land,  the  hulks,  or 
places  of  punishment  conducted  upon  similar  principles.  It 
is,  however,  a  cause  for  much  rejoicing  with  philanthropists, 
that  the  attention  of  the  government  has  of  late  been  direct- 
ed to  this  important  subject,  and  highly  satisfactory  exjj^ri- 


ENGLAND  AND  VAN  DIENAN's  LAND. 


241 


made  at  Pentonvillo,  England,  upon  the  silent  system  of  the 


Unitec 


ith 


view  to  adoptincj  it  altofrether. 

A  convict,  or  *'bay  ship,"  as  tho  prisoners  dosi^natod  her, 
mado  h(;r  appoaranco  at  Spithoad  al)out  tho  iniddl»;  of  Sep- 
tcnd)cr,  and  (exportation  was  on  tiptoo  witii  regard  to  who 
wcro  likfiy  t(j  b(;oornc  a  i)art  of  hor  carf^o.  'J\vo  hundred 
ajid  forty  ohmi,  anionirst  whom  wore  (Jrant,  (i(Miunoll,  HcH^mor 
and  myself,  woro  drafted  from  tho  York  and  Leviathan  ludks 
for  tlie  voyaire.  A  suit  of  ik^v  clothes,  ineludini^  a  pair  of 
irons,  was  served  to  each  man ;  and  the  privile«jje  of  writing 
to  friends  was  ^raiit(ul.  jNlaJiy  of  tho  men  wcere  anxious  to 
bo  sent;  preferrint,'  to  endure  tho  ineonvenicMU'es  of  tlie  voy- 
HjfQ  and  the  terrors  of  a  penal  colony  to  remaining  at  the 
hulks.  Indeed,  I  bc^lievo  many  poor  people  who  are  unable 
to  emigrate,  commit  crime  on  ))urpose  te  be  trans])orted  to 
tho  Australian  coloni(?s,  tii'iiking  it  better  to  live  there  as 
convicts  for  a  f(!\v  years,  than  to  endure  the  privations  of 
liomn.     Jjut  th(^v  must  be;  luridmeu  (^''  fools  to  do  9X). 

AVhen  we  left  the  hulk.  Captain  Nicliol  mi  cal'ed  me  into 
his  cabin  and  a  tear  trickled  down  his  iu-ek  as  ho  grasped 
my  hand  and  bade  me  farewell.  •  \  ou  are  goi^;  „"  he  said, 
"to  a  distant  country,  where  the;  henrts  of  num  are  steeled 
against  prisoners,  and  your  fate  will,  I  greatly  fear,  be  oa;;  of 
suflering  and  misery.  TJjc  consciousness  of  undeserved  pun- 
ishment will  doubtless  enable  you  to  bear  the  worst,  and  the 
day  of  deliverance  will  come,  sooner  or  later.  Doubtless  the 
same  orders  will  be  sent  with  you  as  I  have  myself  received, 
with  reference  to  your  treatment ;  but  at  the  very  best  your 
condition  will  bo  bad.     Trust  in  Heaven!" 

We  were  conveyed  i"  launches  to  the  "Canton,"  a  vessel 
of  about  three  hundred  i:  .i:5,  lying  at  Spithcad.  On  our  way 
wc  passed  over  the  spot  where  the  "Royal  George"  found 
her  grave.  Attempt ;  had  recently  been  made,  and  with  par- 
tial success,  to  rni  J  her  timbers,  by  means  of  gunpowder  and 
tho  galvanic  battery. 

We  were  received  on  board  the  Canton  with  about  as  much 

ceremony  as  would  have  been  shown  to  as  many  swine.     A 

caution  was  given  us  with  regard  to  proper  conduct,  &c., 
10 


£42 


NOTES  OP  AN  EXILE,  ON  CANASA, 


after  which  wc  were  turned  below  to  make  ourselves  at  home 
in  our  new  prison,  and  as  the  vessel  did  not  sail  for  some 
days,  we  had  leisure  to  familiarize  ourselves  with  its  horrors. 
While  the  vessel  lay  at  Spithead,  1  received  letters  from 
the  Rev.  Dr.  Thomson,  of  Coldstream,  Scotland,*  Honorable 
Joseph  IIume,t  Thomas  Falconer,  Escj.,  and  Mr.  John  Childs, 
of  Bungay,  expressing  the  deepest  sympathy  for  myself  and 
captive  friends. 

'The  Reverend  Doctor  wrote  as  follows: 

CoLDSTRKAM,  September  10,  1S39. 

Mt  Dear  Sili, — 1  iloly  receivpil  all  the  letters  you  nddressed  tome  since  1  last  saw 
you  in  Newgate,  but  understanding  that  you  would  leave  the  country  in  a  few  days,  I 
declined  writinff  because  1  saw  very  little  probability  of  any  letter  from  this  reach- 
ing you  befure  you  sailed. 

I  have  not,  however,  been  nnmindlul  about  your  lamentable  situation.  Believing 
it  to  be  one  of  ihe  most  distressing  cases  1  ever  heard  of,  1  was  very  anxious  after 
the  release  of  your  fellow  prisoners,  to  a«cert;iin  whether  somelliin;^  uiiglii  not  still  be 
done  to  secure  a  free  pardon  fur  you  and  Mr,  Grant  also.  I  had  for  smne  time  a 
glimnierin;;  hope,  from  what  Mr.  Childs  had  written  to  ine  on  the  subject,  but  a  recent 
communicaiioii  from  that  gentleman  has  led  me  most  reluctantly  t'l  the  cmiviction  that 
any  such  hope  must  for  the  present  Le  reiinipiislicd.  The  only  lhin^  1  can  think  of 
now  is  to  try  to  jirtK-ure  a  panlnn  nl'ier  you  havi;  rcaolie<l  the  place  dI'  ynnr  present 
unhaopy  destination.  }>iit  how  that  is  to  be  ellected  I  really  do  not  know  It  still 
strikes  me  that  the  ijublicaiion  of  some  of  tlio  pa|iers  in  iny  jmssi-sdion,  eiilier  with  a 
dedication  to  ilie  (JnivMi  nr  an  uri,'ent  letter  m  the  (Jolnnial  Secretary,  min'it  answer  a 
good  purpose.  It  iniuiit  excite  a  deep  interest  in  ynur  favtir  among  pious  and  com- 
passionate people,  and  lead  them  to  exert  tliemselves  to  obtain  your  release;  or  at 
any  rale  to  secure  fi>r  you  tlie  most  conilortabie  treatment  in  the  land  of  your  banish- 
ment. Vv'ei'C  I  to  pu'iii.sli  anytliing  will)  this  view,  I  sliould  like,  provided  vmu  receive 
this  in  tiiiw;  before  leaving  Kngland,  th  ityou  would  Wiite  a  narrative  oi'y(<ur  life,  (with 

some   account  of  your   family,  ii.c.)   from  your  birth  up   to  the    present  day 

Now  do  this  immediately,  if  it  is  to  be  done,  and  enclose   the  packet  under  cover  to 

Mr.  Hume My  heart  really  bleeds  for  you.     1  woulil  wish  to  do  everything 

possible  to  have  you  restored  to  your  family  and  to  liberty.  I  still  cling  to  the  hope 
that  the  many  and  earnest  prayers  presented  it)  your  behalf,  by  your  parents,  sisters 
and  otiiers  will  be  heard  and  .inswered  in  the  way  they  wish.  I  am  sure  they  will  be 
answered  in  the  best  wny.  Keinembor  me  with  much  sympathy  to  Mr.  firant.  May 
God  Almighty  bless  you  both  !  May  He  comfort  your  hearts  and  ultimately  "compass 
jou  about  with  songs  of  deliverance  !  " 

1  am  yours  atVeclionately,  ADAM  THOMSOX. 

t  The  following  extract  from  Mr.  Hume's  letter,  dated  at  London,  ITih  September 
1639,  shows  how  much  we  sudered  from  "expectations  removed"  ami  "  hope  defer- 
red," yet  it  was  such  slight  and  doubtful  encouragement  which  saved  us  fnuM  despair : 

Mr.  Hume  assures  Mr.  Miller  that  the  case  of  himself  and  other  Canadian  prisoners 
■hali  not  be  forgotten  ;  but  at  present  the  changes  in  the  ministry  ainJ  other  matters 
prcTCnt  their  case  being  known  and  attended  to.  There  is  in  the  Toronto  newspapers 
received  yesterday  a  report  that  a/2  the  prisoners  in  both  the  Canadas  are  to  be  dis. 
charged.  Sir  John  Colborne  leavec,  and  Mr.  Poulett  Thomson  and  others  have  gone 
out.  Mr.  Hume  thinks  that  when  Mr.  Thomson,  the  new  governor,  arrires,  lemethins 
'^rillbo  done.  tt.«t« 


EKGLAND  AND  VAN  DIEMAN's  LAND. 


243 


CHAPTER  XIX. 


Regulations,  &c.,  of  the  Convict  Sliip.— "Weigliing  Anclior." — Apostroplie  to  Eiif- 
land. — Sea-Sickness. — I'rofuiiilv,  &c.,  of  ilie  I'risoners.— Kindness  of  the  Surgeon. 
The  Prisoners'  Sclmol. —  A.  Calm  in  the  Tnipu  i. —  Figiiiiiig  amciny  the  Prisoners. — 
History  of  Henry  Williams. — .'^hntks,  All).ur.)s,  &(!. —  Trisinn  Je  Cunha. —  Doub- 
ling the  Cape  uf  Good  Hope. —  Burial  uf  the  Dead  at  Sea. — Van  Dieman's  Land  in 
Sight. 

The  middle  deck  of  the  Canton,  froni  the  main  liatchway 
forward,  formed  a  lloatinir  prison  for  2 10  men,  dnring  a  voy- 
acrc  of  two  tliirds  tlie  cireninfcreiice  of  the  iriohe.  The 
accommo(hitions  were  far  better  than  we  ox])ericnocd  on 
the  "Captian  Ross.*'  Two  tiers  of  Ijerths,  large  enough  for 
five  men  each,  were  fiUcd  up  on  (Mihr-r  side,  and  thirty  ham- 
mocks were  slung  at  night  in  llw^  intermediate  s})ace.  Tho 
height  between  decks  was  six  f '(jt  (;i'.riit  inches.  Two  larcrc 
hatchways,  always  kept  open,  l)nt  s-'cured  with  iron  bars, 
ventilated  the  prison.  Tiie  iloor  and  berths  were  clean,  and 
a  iri-oper  regard  to  the  heahh  of  tlie  prisoners  appeared  to 
be  scrupulously  observcul.  For  convenience  in  rationing, 
they  were  divided  into  twonty-fonr  messes  of  t<^n  men  each. 
Eleven  ounces  of  suij)  biscuit  of  an  interior  quality,  one  half 
pound  of  salt  meat,  one  pint  of  \h)u.  soup,  or  live  ounces  of 
Hour  made  into  a  plain  suet  pudvling.  one  i)int  of  sweetened 
tea  for  breakfast,  and  llie  same  (juantity  of  cocoa  for  supper, 
were  allowed  each  man  daily.  A  small  quantity  of  wine,  or 
lime  juice,  was  also  served  to  each  man,  as  a  preventive  to 
scurvy,  a  disease  well  known  on  convi(;t  ships,  and  indeed  any 
vessel  in  which  salt  jn'ovisions  are  us(;d  during  a  long  voyage. 
Vinegar  was  likewise  allowed  for  the  same  ))urposc.  Two 
men  were  selected  as  cooks  for  the  v<  ya]^e,  which  duty  they 
performed  satisfactorily  to  all  who  w  jrc  not  particular  about 


244 


NOTES  OP  AN  EXILE,  ON  CANADA, 


'*  the  peck  of  dirt."  Twelve  men  were  formed  into  a  con- 
stabulary, whose  duty  it  was  to  maintain  order  and  report  all 
irregularities  to  the  surgeon,  Dr.  John  Irvine,  II.  N.,  who  vis- 
ited the  prison  daily,  and  heard  any  complaints  which  the 
constables  or  men  might  make.  The  prisoners  were  under 
his  exclusive  charge,  and  the  captain  had  no  right  to  interfere, 
except  in  cases  of  emergency,  lie  received  from  the  govern- 
ment, as  a  compensation  for  his  services,  one  guinea  ]>er  man, 
for  those  only  whom  he  landed  at  Ilobart  Town  ;  thus  mak- 
ing it  his  interest  to  treat  them  well.  He  was  an  Irish  gen- 
tleman of  mild  deportment  and  christian  principles,  and  had 
served  professionally  in  the  British  navy,  for  twenty  years. 
The  safe  custody  of  the  ]»risoners  was  entrusted  to  Lieut. 
Colonel  Ilulme,  of  the  OOtii,  with  a  guard  of  ibrty  men. — 
Most  of  his  regiment  were  already  in  Van  Dieman's  Land, 
and  this  officer  was  going  out  with  the  detachment  to  join 
them. 

On  Sunday,  September  22d,  18.30,  at  half  past  ten  o'clock, 
A.  M.,  the  boatswain  piped,  '•  All  hands  weigh  anchor.''  As 
the  sailors  manned  the  windlass  and  half  chanted,  half  sung, 
the  customary  song,  so  touching  and  aji))ropriate  to  the  occa- 
sion, it  seemed  to  me  that  the  anchor  of  hoj)e,  which  held 
my  soul  to  earth,  was  being  torn  from  the  rock  of  faith,  and 
confidence  in  God.  Though  the  storm  of  adversity  had  beat- 
en hard  upon  me  and  I  had  been  tossed  upon  the  billows  of 
affliction,  hitherto  my  strength  had  been  e(iual  to  the  emer- 
gency, and  1  had  found  something  to  which  I  could  cling,  and 
defy  despair;  but  now,  the  dark  picture  of  the  future,  which 
my  imagination  drew,  presented  no  light  shade,  no  friendly 
beacon,  to  encourage  hope,  and  render  existence  tolerable. — 
The  remainder  of  my  days  were,  perhaps,  all  to  be  spent  with 
the  outcasts  of  earth,  and  friends,  and  home,  and  country, 
never  to  be  enjo)  d  again,  except  through  the  kind  offices  of 
memory.  There  was  but  one  source  of  comfort  left,  and  I 
sought  to  avail  myself  of  it.  It  was  to  trust  in  the  prisoner's 
God.  I  knew  that  He  w  ho  "  tempers  the  wind  to  the  shorn 
lamb"  would  never  leave  nor  forsake  me,  so  long  as  I  "cast 
my  cares  upon  him." 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


245 


>f 
I 

in 

it 


The  view  of  Spithead  was  one  of  the  finest  which  I  ever 
beheld,  hi  beatinc^  out  of  the  ehaiinel.  we  twice  passed  near 
the  lovolv  town  of  llvde,  on  the  Islc^  of  Wicht.  loiifj'  named, 
on  account  of  its  rich  and  deliirhtfnl  scrnorv,  "the  iiurden  of 
England."  It  appeared  to  jik;  a  perfect  ])Mratlise  on  earth, 
and  I  (Mivicd  the  poorest  inlial)itant,  wlio  dwelt  atnid  such 
fairy  scenes. 

Adieu  to  thee.  En-jlnnd.  thou  hJLdiiv  favored  land!  Manv 
a  lesson,  v;dual)l(!  to  nii^in  ni'tor  life.  <h"d  T  learn  upon  thv 
shores.  ]\[any  a  happy  hoiu',  in  s|tite  of  l)oiids  and  ]>rison 
walls,  (lid  I  spend  whilst  thou  h(dd  nie  a  captive,  and  very 
manv  Uu\'.:  and  wretched  davs  of  a'/onii/inii"  miserv  thou  didst 
also  deiLHi  to  hestow  upon  me.  The  hriirht  and  the  dark 
pictur(3  of  human  life  Aven.*  thine  to  show  me.  Thy  farorcd 
few  have  passed  in  a'nu'ly  an-;iy  helore  nv  —  ihe  wail  of  thy 
oppressi'd  and  star\inii:  millions  has  sounded  in  luy  ear.  Some 
of  thy  sons  have  held  out  1o  me  —  a  captive  ^t^al!'Jer  in  a 
straiiL'e  land  —  the  riLjilt  hand  of  friendship.  Tlicy  hnve  sof- 
tened th(^  |)ains  of  imprisomii'Mit.  and  swecten(Ml  the  (;up  of 
woe.  Th'-y  hav(>  disarmed  my  yontliful  mind  of  prejudice, 
and  tauulit  me  to  love  I'linlislimeii  even  as  I  love  my  own 
countrvmen.  l^it  those  exalted  to  he  tliv  riders,  hv  iiijustice 
and  oppn.'ssion  have;  taught  me  to  hate  and  despise  thy  go- 
vernuKMit.  Adieu  to  tlvi',  KiiLilaiid!  Live  on  in  thy  irlory; 
clothe  thyself  in  thy  I'ich  npparel  while  thou  cnnst.  for  mi:m:, 
MENT.  'ri;K!:i,.  is  written  upon  thy  walls;  thy  days  are  nutn- 
bered,  and  thy  ulory  will  ere  lonu'  h(>  Inid  low  in  tiu;  dust! — 
Generous,  nohle-hearted  Britons!  friends  of  the  captive  stran- 
ger, a  kind  adifui! 

We  were  two  days  in  mnking  our  way  into  the  open  sea. 
No  sooner  were  the  sails  uidurled  than  sea-sickness  conmienc- 
ed,  and  in, a  short  tim(3  became  general.  There  were  only 
half  a  dozen  ]tersons  in  the  ])rison  who  escaped  the  malady. 
"Accounts  were  cast  up"  without  ceremony,  not  only  on  the 
tloor  but  in  the  ])erths;  and  our  apartment  was  rendered  truly 
horril)le.  An  entire  week  ])assed  before  it  could  be  properly 
cleansed.  Meaiiwhile  the  horrors  of  the  convict  ship  began 
to  be  realized  by  myself  and  comrades.     I  speak  not  of  ac- 


246 


NOTES  OF  AN  EXILE,  ON  CANADA, 


commodation  and  treatment;  lioth  were  as  good  as  would 
have  been  expected,  and  far  hotter  tlian  is  usual  on  board 
vessels  of  that  eharaeter ;  hut  t<»  me  chc  ]>rison  was  a  lloating 
hell!  The  most  horrid  l)lasi)luMny  and  disLaistini:;  obscenity, 
from  davliu'ht  in  tl](^  mornin'.:  till  ten  o'clock  at  niu'ht,  were, 
without  one  monKMit's  cessation,  riii'rinrr  in  my  ears.  The 
general  conversation  of  tiicso  wretched  men,  related  to  the 
crimes  oi"  which  they  proli-ss'-d  to  have  been  guilty,  and  he 
whose  life  had  been  most  ini(|uitons  was  (!steemed  the  best 
man.  I  tri'.;d  to  close  my  ears  and  shut  my  eyes  against  all, 
but  found  this  a  dillicnit  task.  With  the  assistances  of  books 
which  were  kindly  loniu.'d  me  by  the  surgeon,  and  l)y  persc- 
verimx  in  mv  ellorts  1  lin;il!v  trinMi!)hed  and  was  enabled  to 
shut  out  the  dreadful  sounds  and  !i\e  on  in  the  midst  of  those 
horrors  in  an  ideal  WDrld  of  my  own. 

Some  kind  friend  in  Enuland  haviuir  written  to  the  surgeon 
in  behalf  of  Grant,  Gennnell  and  myself,  every  possiijle  indul- 
gence was  granted  us,  wliich  excited  the  ill-feelings  of  the 
English  prisoners,  wiio  g  x'rally  strove  to  annoy  us  as  much 
tis  practicalde,  anrl  this  was  not  a  little.  Gemmell  was  ap- 
pointed "siu'geon's  mnte,"  and  had  charge  of  the  hos])ital,  (a 
room  adjoining  the  prison,  fitted  u])  for  that  pur|)ose,)  where 
he  was  quite  comfortable.  Grant  and  myself  had  a  berth 
fitted  up  exclusively  for  ourselves,  in  the  centre  of  the  prison 
and  near  tiie  hatchuMv;  the  fres'i  air  wlfu.'h  we  enioved  in 
consequence  rendered  our  condition  far  better  than  it  could 
otherwise  have  l)een.  \Vc  also  had  pen-mission  to  go  on  deck 
when  we  chose,  and  the  promenade  of  the  forecastle,  from 
which  the  other  ])risoners  were  excluded,  was  a  privilege 
lii^hlv  prized.  As  for  Beemer,  he  was  ,'xenerallv  treated 
according  to  his  deserts;  but  the  fellow  made  himself  busy 
during  half  the  vovage  in  fruitless  endeavors  to  deprive  us  of 
the  surgeon's  friendship.  Another  favor  allowed  us  was  that 
of  drawing  tea,  sugar  and  flour  in  lieu  of  such  rations  as  wo 
could  not  eat,  and  cooking  our  own  tea.  An  extra  allowance 
of  water  was  given  for  the  purpose. 

I  did  not  recover  from  sea-sickness  until  the  vovasre  was 
more  thrn  half  completed,  and,  as  I  was  unable  durins:  the 


ENGLAND  AND  VAN  DIEMAN^S  LAND. 


24T 


time  to  take  much  sustenance,  I  was  reduced  exceedingly 
low.  The  surn^oon  afterwards  informed  mo  that  he  liad  at  the 
time,  but  slicrlit  iiopes  of  my  living'  to  compL'te  the  voyage. 
When,  however,  I  regained  my  health,  my  appetite  ran  to 
thQ.op])Osite  extreme,  and  if  I  faikui  to  eat  every  thing  within 
rcaeh,  it  must  have  been  owing  to  some  deficiency  in  my 
teeth. 

* 

All  bands  were  divested  of  irons  soon  afte'r  we  sailed. — 
Tills  is  eustoiiKiry  on  board  convict  ships.  Were  it  otherwise 
the  ehiiikiiig  of  chains  would  drown  even  the  blasphemy  of 
manv  voices. 

A  school  wns  opened  during  a  ]\art  of  the  d:iy,  and  all  were 
allowed  to  attend  who  chose.  Slates,  arithmetics  and  sj»ell- 
ing-books  were  furnished,  and  several  t(Nichers  appointed  by 
the  surgeon,  who  usually  spent  a  short  tiiiK^  in  our  apartment 
during  school  iiours.  I  was  dubbed  '"tejicber;"  but  found  the 
task  of  instru<'ting'  oJd  ideas  ''how  to  shoot"'  rather  dull. — 
There  was  so  much  wickedness  constantly  going  on  that  but 
little  progress  could  be  made  in  any  thing  good,  and  after  a 
short  time  our  nuinl)er  dwindled  down  to  teachers  only,  all  of 
whom  knew  too  much  to  be  instructed  by  the  others,  and  so 
we  had  a  vacation  which  lasted  to  the  end  of  the  V(»vn<j:e. 

Favorable  winds  carried  us  ([uickly  across  the  stormy  Bay 
of  Biscay,  and  we  soon  saw  the  j)uak  of  Tcnerilfe,  at  a  dis- 
tance oi  ili'ty  miles,  its  head  far  above  the  clouds  that  inter- 
vened. As  v.'e  approached  the  equator,  a  ealin  which  lusted 
several  days  succeeded  tlie  north-east  trades^  and  we  had  an 
opportunity  of  experiencing  the  almost  insulferable  heat, 
which  never  varies  but  slightly  in  that  latitude.  Although 
three  pints  of  water  were  allowed  each  man  to  drink,  they 
sulTered  extremely  from  thirst,  and  some  of  the  i)oor  lellows 
appeared  to  be  more  than  half  deranged  in  consequence. 
The  health  of  the  prisoners,  owing,  no  doubt,  to  the  liabits 
of  cleanliness  which  were  strictly  enforced,  and  the  not 
unwholesome  diet,  was  urmsually  good.  There  was  at  this 
time,  but  one  prisoner  in  the  hospital ^  and  his  complaint  was 
of  a  pulmonary  nature  of  long  standing.  Another  cause  for 
this  general  good  health  was,  doubtless,  the  length  of  time 


248 


NOTES  OF  AN  EXILE,  ON  CANADA, 


the  men  were  kept  on  deck.  In  favorable  weather,  they 
were  not  allowed  to  spend  more  than  one-fourth  of  the  day 
below. 

Although  the  quantity  of  wine  allowed  each  man  was 
small,  its  effects  were  always  visible  for  a  few  succeeding 
hours.  Loud  talk,  singing  songs,  spinning  yarns,  alterca- 
tions, and  fighting,  were  the  order  of  the  day  the  moment 
the  wine  was  served  out.  I  have  often  counted  a  dozen  men 
settling  their  little  quarrels  at  such  times.  A  ring  around 
the  belligerent  was  always  formed  on  these  occasions  by  the 
^Mookers-on,"  and  seconds  duly  appoinlod  to  see  fair  play. 
The  practice  of  fighting,  among  the  lower  classes  of  the 
English  and  Irish,  is  far  more  common  than  with  my  country- 
men. Indeed,  I  do  not  recollect  having  seen  but  three  or 
four  instances  of  this  disgraceful  practice  during  my  life  in 
my  own  country.  A  systematic  code  of  laws,  for  tiie  guid- 
ance of  the  principals  and  seconds,  was  universaliv  known 
and  observed.  Kicking,  striking,  or  ollering  any  injury  to 
an  antagonist  when  down,  "gouging  eyes,"  so  common  in 
the  civilized  state  of  Michiuan,  or  anvtliiiifj!:  of  the  sort,  was 
never  dreamed  of  among  these  scientiiic  warriors.  They  in- 
variably i'owj^hi  from  pr in t:i J)/ c  and  accor(U)if>-  to  law. 

There  was  one  young  man,  among  this  herd  of  criminals, 
whose  superior  conduct  and  manners  early  interested  me. — 
Henry  Williams  (an  assumed  name)  never  associated  with 
the  wicked  men  who  surrounded  him.  He  was  gentle  and 
mild  in  his  manners,  and  his  melancholy  countenance  was 
never  seen  to  light  up  with  a  smile.  Whatever  of  good  or 
ill  fell  to  his  lot,  he  never  murmured,  but  bore  with  truly 
christian  meekness  the  frowns  of  adverse  fortune.  I  sought 
his  acquaintance,  won  his  confidence,  and  he  became  to  me 
a  friend  and  companion.  His  history  was  a  sad  one.  He 
was  the  only  son  of  respectable  and  wealthy  Irish  parents, 
and  had  received  a  liberal  education.  While  spending  a  few 
months  at  home,  after  the  completion  of  his  studies,  he  be- 
came attached  to  a  peasant  girl,  whose  parents  were  poor  but 
honest.  Without  consulting  his  friends,  who,  he  well  knew, 
would  object  to  the  union,  he  married  her  clandestinely,  and 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


249 


■=") 


r 


then,  upon  his  knees,  confessed  all  and  besoiight  forgive- 
ness. He  was  turned  from  his  father's  door  with  the  curse 
of  both  his  parents  upon  his  head.  Willi  but  slender  means, 
he  repaired  to  London  with  his  bride,  thinkin<^  to  obtain 
some  assistance  from  a  rich  uncle,  but  his  hopes  were  cruelly 
disappointed.  Friendless  and  a  stranger,  he  soujjfht  employ- 
ment for  a  lon»^  time  in  vain,  b\it,  when  his  last  shillini^  was 
spent,  he  succeeded  in  olitainino-  ;i  situation  as  book-keeper 
in  a  mercantile  house,  which  allbrdetl  i)ut  pf)or  su;)port  for 
himself  and  wife.  In  one  vear  he  becanu'  a  fiither,  but 
when  his  wa<j^<\>  were  most  needed,  the  house  failed  and  left 
him  nothiiiL^  but  a  character  from  his  employer.  Willi  this 
he  wandered  throuti'h  the  streets  in  search  of  I'urther  eniolov- 
raent,  until  his  child  died  from  want,  aiul  his  wife  was  almost 
dyino- from  the  same  cause.  She  had  eaten  nothiii<^  for  three 
days  but  a  crust  of  bread,  and  he  had  fasted  double  that 
length  of  time  ;  besides,  the  rent  of  his  house  was  in  arrears, 
and  on  the  following  day  they  were  to  be  turned  into  the 
street.  Passing  a  jeweller's  shop  that  evening,  for  the  first 
time  in  his  life,  he  felt  tempted  to  steal,  lie  could  have 
starved  iirst,  himselt",  but  his  })oor  wil'i;  must  have  food  that 
night,  lie  stej)j)c(l  into  the  sho}),  told  the  jeweller  his  sad 
story,  and  asked  for  the  loan  or  gift  oi  a  shilling,  to  buy 
some  bread,  but  was  turned  out  of  door.  In  a  fit  of  frenzy 
he  broke  a  pain  of  glass  in  the  window,  seized  a  chronome- 
ter and  ran  towards  his  wretched  home. 

"Stop  thief!"  immediately  sounded  in  his  ears,  and  in  a 
few  moments  he  was  in  custody  of  a  polieceman,  who,  to 
ascertain  the  truth  of  his  statements  went  with  him  to  his 
home.  When  his  wife  heard  the  horrid  tale  of  his  guilt  and 
detection,  she  fell  down  and  expired  in  his  arms.  He  recol- 
lected nothing  further,  till  he  found  himself  in  court,  ar- 
raigned for  trial.  In  reply  to  the  usual  question  of  "  guilty 
or  not  guilty  ]"  he  answered,  "  guilty,'^^  and  was  sentenced 
to  transportation  for  ten  years.  Such  was  this  man's  melan- 
choly history.  The  curse  of  his  parents  seemed  to  follow 
him,  for  within  a  few  months  after  his  arrival  at  Van  Die- 
man's  Land   he  died  in  the  lunatic  asylum  at  New  Norfolk. 


250 


VOTES  OF  AN  EXILE,  ON  CANADA, 


While  within  the  tropics,  the  sailors  caufjht  several  sharks. 
They  were  taken  witli  a  large  hook,  baited  with  a  piece  of 
pork  wliich  weighed  I'otir  j)oiinds.  The  hahits  of  this  terror 
ol' the  deep  are  too  well  known  to  be  particularized,  and  I 
■will  only  adil,  tiuit  I  ate  a  morsel  of  one  which  the  captors  of 
the  lnisj;e  animal  cooked.  The  llesh  was  coarse  and  not  over 
pleasant,  I  should  judii;e,  to  an  epicure's  taste.  An  aibatros 
was  taken  about  the  same  time.  The  noble  bird  was  ob- 
served swimniino  in  our  shii)'s  wake,  one  calm  day,  and 
apparently  busy  in  picking  up  something  eatable  iVoni  the 
rcl'use  thrown  overboard.  A  hook,  attached  to  a  line,  baited 
with  a  small  strip  oi"  red  flannel  cloth,  and  buoyed  with  a 
cork,  was  thrown  out  to  tem])t  its  avaricious  appetite.  It 
took  the  bait  al  once,  and  was  immediately  hauled  on  board, 
during  which  process  it  struck  one  oltho  sailors  a  hard  blow 
with  its  wing.  The  size  and  shape  was  not  unlike  that  of 
the  swan.  The  body  was  clothed  with  a  thick  down,  of 
snowy  whiteness;  its  neck  long  and  graceful,  head  bald, 
bill  long  and  slightly  curved,  eyes  large,  dark  and  piercing, 
tail,  when  spread,  of  a  light,  and  wihgs  of  a  dark  brown, 
long  and  arching.  It  measured  irom  tip  to  tip  of  the  wings, 
fourteen  feet  seven  inches.  The  sailors  cooked  it,  and  I  ate 
the  heart  and  liver,  which  tasted  not  unlike  those  of  the 
wild  duck  of  America.  The  aibatros  is  the  king  of  sea- 
birds.  Tliey  may  generally  be  seen  at  all  times  in  the 
warmer  latitudes,  sweeping  through  the  air  in  circuits  of 
about  one-fourth  ol'  a  mile,  and  never  strike  the  air  with  their 
wings,  but  rise  and  fall  in  their  flight  with  the  most  syste- 
matic grace. 

Mother  Cari/'s  chickens  frequently  made  their  appearance, 
but  were  not  always  followed  by  a  tempest,  as  sailors  believe. 
They  are  a  small,  dark-colored  bird,  quick  in  their  motions, 
and  only  fly  in  high  winds,  which  accounts  for  their  being 
considered  as  precursors  of  sea-storms.  A  large  number  of 
sea-gulls,  of  d liferent  species,  were  always  visible  from  the 
deck,  and  shoals  of  llying-fish  were  common. 

Soon  after  sighting  Trinidado,  a  barren,  lofty  rock,  three- 
fourths  of  a  mile  in  circumference,  the  Canton  tacked  and 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


251 


stood  toward  the  cape  of  Good  Hope.  The  south-cast  trade 
winds  render  it  necessary  for  ships  to  sail  tiius  far  west,  in 
order  to  "double  tiie  cape."  On  thu  lOth  of  Novemljer  v/e 
arrived  at  Tristan  de  Cunlia,  a  hniall  ishiiid  Ivinti'  about  fif- 
teen  hundred  miles  we  I  of  Africa,  and  how  to  ilurinn;  the  day 
for  the  purpose  of  obtaining  sonic  fresh  provisions.  We 
were  soon  1  oanled  by  the  p;ov(.  rnor,  accompanied  by  several 
of  his  subjects,  ainonij;  whom  1  soon  discovered  a  country- 
man; lro!n  him  I  lL"<!rn':l  some  interesting  particulars  of  Ins 
adopted  Inland  Ikjuic.  i lie  population  was  only  iiliy-nine, 
and  consisted  chielly  of  slii]) wrecked  niarincis,  f)f  every 
nation  in  Euro[)e  a:;d  t!:e  new  world.  They  obtaimd  a  live- 
lihood by  agricultural  })ursuits,  grazing,  and  trading  with 
the  vessels  which  fre(]uently  touched  there.  They  had,  at 
that  time,  nine  hundred  hea;l  of  cattle,  and  three  thousand 
sheep.  Their  social  and  political  condition  may  be  described 
as  follows:  A  community  of  property,  a  written  code  of 
law<J  of  their  own  making,  and  suited  to  their  peculiar  con- 
dition, the  execution  of  which  depended  upon  the  will  of 
their  governor  or  chief.  A  due  observance  of  social  rights 
and  duties  among  themselves,  and  honorable  dealing  with 
strangers  with  whom  they  traded,  were  the  leading  charac- 
teristics of  this  singular  collection  of  men.  Several  were 
married  and  had  small  families.  The  chief,  (who  enjoyed 
that  honor  iVom  being  the  fust  Fcttler  and  oldest  inhabitant) 
had  an  African  wile  and  three'daughters,  two  ot'wliom  were 
married,  am!  my  informant  added  with  not  a  little  pride, 
that  he  had  tlic  (r.>ting'uished  lionor  of  being  tlie  kin<j^^s  son- 
in-hnv,  and  when  the  old  man  died  should  be  his  successor. 
They  acknowledged  allegiance  to  no  government  except 
their  own,  and  their  independence  had  been  tacitly  recog- 
nized by  t'le  vessels  of  every  nation  by  who  m  they  were 
visitcil.  Hitherto,  they  had  lived  in  peace  and  amity,  and 
their  laws  had  been,  in  general,  strictly  observed.  I  inquired 
of  ray  countryman  if  he  had  no  wish  to  return  to  the  United 
States,  but  he  promptly  assured  me  that  nothing  could  tempt 
him  to  abandon  the  island. 

After  obtaining  a  quantity  of  fresh  beef  we  again  made 


£52 


NOTES  OF  AN  EXILE,  ON  CANADA, 


! 


sail,  and  in  ten  days  doubled  the  capp,  in  dolnnj  which  we 
crxpcrienced  a  terril)le  gale  that  lasted  several  days.  The 
sea  ran  mountain  high,  and  we  ran  bei'ore  the  wind  under 
bare  poles  much  of  the  lime.  We  liail  favorable  winds  the 
remainder  of  the  voyage,  with  the  exreption  of  i\  ^^  white 
squall,^^  which  sudderdy  carried  away  the  nii/zen,  main  and 
foretop-gallant  masts,  but  as  fair  wcatlier  succeeded,  new 
spars  were  soon  erected.  Tlie  health  ol  the  ])risoners  con- 
tinued good  ;  oidy  two  dratlis  occurring  during  the  voyage, 
one  of  which  was  the  case  of  C(»tisuiu|)tion  before  mentioned, 
and  tlie  otlier  -of  apoplexy.  Tliey  were  both  consigned  to 
the  wate.y  deej),  tliere  to  remain  till  the  sea  shall  give  up 
-  its  dead.  Tlie  burial  service  was  read  by  the  surgeon  on 
each  occasion;  the  caj)taiii,  odicf-rs,  soldiers,  sailors,  &c., 
being  in  atlcndauce.  'J'he  corpse  was  sowed  u[)  into  a  ham- 
mock, in  OIK!  end  of  which  two  cannon  balls  were  fastened 
to  sink  it  bencalh  the  surface;  coxcrt^l  with  the  "  Union 
Jack''  and  ])1aced  upon  n  wide  b()ar<l,  one  ( nd  of  which 
extended  o\er  the  side  of  the  vess(d.  When  the  words,  so 
touching  and  beautiful  for  the  oeciision,  weic  jx'onounced, 
"  we  therel'M'O  co^  nit  his  })ody  io  the  deep,"'  iv.e.,  &.C.,  the 
board  was  i  aised,  a  ))lu!ige  succeeded,  and  llie  slight  ripple 
of  the  parted  waves,  as  m'o  sailed  on,  soon  <lisappeared. 
This  was  the  end  of  our  comnanlon! 

i. 

On  the  llth  of.Ianuuy,  ISj'),  we  ])assed  aro  nd  the 
southern  point  of  \^au  Dieinnu's  Land,  wld(di,  however, 
from  a  thi(dx  fog,  Avas  not  visible:  and  I  felt  that  1  was  near- 
ing  a  new  home  of  suffering  and  woe. 


i 


I 


I 


ENGLAND  AND  VAN  DIEMAN'b  LAND. 


253 


CHAPTER   XX. 


Reflections.— Lnnfl,  iVr. —  Arrivul.— Tlie  Insppriion.— Melnnrlioly  News  of  ilie  Oealh 

of  Tliree  Ciiniiili.in  Prisoners.  — Aloxiiriiler  MfLeiul.— A  Fi,    hi (Jdiiig  on  f^linre. — 

The  Hiirrack-'.— A  <.iiiuiiiliiry.— TiriiDthy  (ireeily  iiml    lii*  I'lpe. —  Uiiyinjj  d    I'air  uf 
Kuee-Bieeclies  — tjir  John  Fiaiiklin. — The  ypeeiilici. 

Rkader,  wouldst  thou  know  aught  of  tlie  land  of  Nod  ?  — 
Hast  tliou   any  desire   to  ho   made   acujuainlcd  witli   the  sad 
Gonscquences  of  crime?     Hitherto,  tlie  veil  has  heeu  l)ut  par- 
tially lif'tetl,  the  lute  of  the  English  felon  in  ^'^  free  and  happy 
i-'/ig/a/jt/ "  oidy,  has  been  described.     Wouldst    thou   learn 
farther?     These  ^notes   embrace  not   merely   the   history  of 
the    sufferings  of   piditieal    prisoners  in  exile,  hut    give  an 
imperfect  description  of  the  crimes  and  woes  of  thy  race;  of 
beings  descended  from  the  same  original  as  thyself,  inher- 
iting the  same    infninitics,  subject  to  the  same  natural  laws, 
possessing  the  same  immortal  part,  and  having  an  equal   in- 
terest in  that  world   where  crimes,  once  pardoned,  are   re- 
membered  no  more,  who,   through    error  or  misfoitune,  are 
doomed  to  tread  a  thornier  path  than  thou  ;  their  horizon  of 
earthly  hopes  overcast  by  a  dark   cloud   through   which  no 
cheering  ray  of  light  e'er  finds  its  way  to  illumine  their  eter- 
nal night ;  their  backs  exposed  to  the  stripes  of  ill   fortune  ; 
their  hearts  crushed  beneath  a  load  of  conscious  guilt ;  and 
their  spirits  ground  to  the  dust  by  legal  oppression  and  brutal 
tyranny.     Wilt  thou  look  upon  the  dark  picture  of   Van 
Dieman's  Land,  and  learn  wisdom;   open  the  door  of  thy 
heart  to  the  promptings  of  pity  and  compassion,  and  breath* 
a  prayer  to  oimt  Heavenly  Father,  for  a  blessing  upon  the 
unfortunate ;  for  the  angel  of  meicy  to  descend  on  wings  of 
love  and  bind  up  the   broken  hearted,   heal  the  wounded 


254 


NOTES  OP  AN  EXILE,  ON  CANADA, 


I 


'I 


i 


spirit,  and  speak  peace  to  the  captive ;  for  the  dew  of 
heavenly  irnxcc  to  water  tlie  parclieil  desert  of  human  woe, 
and  its  Iructifyiiioj  inlluences  to  cause  the  wiUlerness  and  tho 
solitary  way  to  l)h)ss()ni  as  the  vosvl  Then  read  these  notes; 
they  are  written  l«tr  such  as  thou,  and  tliou  inayst  rise  from 
their  perusal  a  wiser  and  better  IxMni^.  Jiut  if  thy  6ar  is 
closed  to  the  voice  of  mercy,  if  the  soft  whisperin<j;s  of  com- 
passion find  no  response  in  thy  heart,  and  thou  despiscHt  thy 
fallen  fellow  creature,  as  unworthy  of  a  tear,  close  the  book; 
read  not  its  dark  passages  of  human  life,  lest  thou  becomest 
a  minnnthropc. 

Land  !  Land  !  Van  Dicman's  Land  !  IIow  the  word  flies 
throujj;h  the  ship!  What  feelin!i;s  of  pleasure,  or  horror, 
thrill  the  breasts  of,the  various  inhaltitants  of  our  little  float- 
ing world  !  The  captain,  the  IJritish  olbcer,  and  the  kind 
lieartcd  siirp;con  ])ace  the  quarter  deck  with  cpiiek  step,  occa- 
sionally taking  a  look  through  the  glass,  and  exchange 
glances  of  mutual  satisfaction  as  the  wind  fri'shens  on  our 
starboard  (juarter.  The  soldiers  and  sailoi^,  forgetting  their 
usual  jealousies,  crowd  together  on  the  forecast le,  and 
anxiously  watch  to  eatch  a  glimpse  of  tiieir  common  mother 
earth,  and  talk  of  anticipated  pleasures.  lint  the  ])oor  pri- 
soner, the  convict,  where  is  he?  Does  he  strain  Iiis  eyes  to 
descry  the  cursed  shores  of  Tasmania?  Does  Ids  heart  leap 
for  joy  as  the  iron-bound  coast  becometi  visilile?  Great  God  ! 
see  the  hopeless  glance  of  his  eye  toward  his  future  home! 
Home?  Is  it  the  happy  home  of  his  innocence  and  child- 
hood? Does  his  near  approach  awaken  those  holy  feelings 
which  friends,  and  kindred,  and  hapiness,  and  love,  kindle  in 
the  virtuous  breast  ?  Oh,  no !  All  that  the  heart  could  love 
and  cherish  is  left  behind — far  away;  and  lost  for^nxr  ;  and 
memory,  cruel  memory,  still  clings  to  those  dear  objects,  and 
hope  lingers  on  the  visions  of  the  past.  But  the  luture,  its 
dark  and  cruel  uncertainty,  the  years  of  hopeless  misery  and 
woe,  shame,  degradation  and  death,  haunt  his  gloomy  spirit, 
and  he  bitterly  curses  "^/ie/avid/" — "Mc  /««<//" 

I  gazed  upon  the  scene  of  common  interest  with  feelings 
vrhich  it  would   be  difficult  to  describe.     I  had   received 


ENOLAND  AND  VAN  DIRMAN's  LAND. 


255 


iri- 

'S  to 

cap 

rod! 

me ! 

lild- 

ings 

c  in 

ovc 

nnd 

and 

its 

and 

lirit, 


many  assurances  from  friends,  tliat,  at  tlic  worst,  I  was  only 
doomt'd  to  an  honorable  exile,  and  tried  liard  to  |)ersuade 
myself  that  surh  mi^ht  be  the  rase  ;  'n  spite  of  which,  mys- 
terious fdreboilinii^s  of  evil  would  arise  when  T  whispered  to 
myself,  '*  all  is  well;  the  worst  is  past ;  the  future  dawns 
with  (rood!"     Vain  hope  ! 

Driven   onward   by  the   wirul,   each  momrnt  shortens  the 
distance  from  land,  until  the  eai^er  eyes  of  the  voynL^er  may 
feast   upon   the  prospect,  now  distinct  as  we  near  some  \i'\tr\i 
promontory,  and  anrain  confused  and  varyinj^  from  the  incf^u- 
lar  windiufT  of  the  coast.     Knou«^li,  howi'ver,  can  be  distin- 
guished to   form  some   idea  of  the   gcnend    features   of  the 
country.     Barren  hills  and  mountains  are  tlie  most  prondnent 
objects,     'riiick   forests  of  evein;reen  trees  cover  the  surface 
of  the  losvlaruls.     At  last,  the  Derwent  opens  its  wide  mouth 
to  receive   our  vessel   which   has  so  lotiii;  sported  upon  the 
vast  sea,  and  now,  cidtivated  farms,  and  occasionally  a  pleas- 
ant villa,  v;iry  llie  scenery.     Lilllo   o-ardeiis  in  tlie    midst  of 
the    desert,  smile   throu«i:h   the   dark    forests.      Finally,   the 
metropolis  of  the  island  lies  before  us.      I'iie  view  possesses 
little  interest  beyond  the  correspr)iidinir  associations  to  which 
it  gives   rise.      The  certainty   that    some   thousands   of  our 
fellow  creatir   s   li>ie  and   move  within   its  precincts,  gives 
the  low,   indi  Terent  buildings,  and   dirty  streets,  a  charm  to 
awaken  <lorm;tMt  thought  and  idle  conjecture.     The  question 
naturally  arise.v  to  the  European  stranger,  what  is  the  society 
which  comprises   this  collection  of  tiiousands  in  tliis  land  of 
Nod]     Does   refmement   reign    in    the    higher   circles?     Is 
there   a   high   state  of  moral  feeling  generally,  or  has  crime 
perverted  all  who  inhale  its  cursed  atmosphere,  undermining 
the  foundation  of  virtuous  principles  I     What  is  the  moral, 
social,  and  political  con  iition  of  the  middle  classes,  and  how 
are  the  poor,  the  sulfenng,  and  the  prisoner  treated  ? 

At?  o'clock,  P.  M.,  January  12,  LS-IO,  the  Canton  dropped 
her  anchor  in  Hobart  'I'ovvn  harbor,  and  thus  ended  a  voyage 
of  sixteen  thousaiul  miles  in  sixteen  weeks. 

On  the  following  morning  the  work  of  initiation  into  the 
mysteries  of  a  penal  colony  commenced.     William  Gunn, 


256 


NOTES  OF  AN  EXILE,  ON  CANADA, 


i 


Esq.,  principal  superintendent  of  convicts,  accompanied  by 
several  subordinates,  all  of  whom  affected  importance^  took 
possession  of  the  cabin.  Proclamation  was  made  that  every 
prisoner  should  instantly  make  his  appearance  at  llie  cabin 
door  when  called,  under  \)ci\'d\iy  oi '^  acvere  jyunishment.^^ 
The  men  were  summoned  in  alphabetical  order,  and  in  due 
time  my  own  turn  came.  *'  Is  your  name  JVIillei  V  inquired 
the  i^reat  personage  who  acted  as  door-keeper.  *'  It  is,"  I 
replied.  "  Say  '.s//','  when  you  addiess  inc.'"'  (The  fellow 
was  a  ticket-of-leave  convict.)  I  was  about  to  step  into 
the  cabin,  supposing;  that  my  immediate  presence  was  re- 
quired, but  was  si.'i/ed  by  the  collar  and  told  to  "  tyai/." 
''  When  you  go  in,  take  oil  your  cap,  say  sir  when  the  clerks 
speak  to  you,  and  be  sure  anil  /tt7/>  Mr.  (unui.  "  That  is  my 
business  ;  I  do  not  recjuire  your  advice,*"  I  re])lie(!.  "-Don't 
be  too  rowdy  ;  you'll  L;et  tanned  heie."  "Send  in  Miller," 
from  within,  put  an  end  to  further  interference,  and  for  the 
first  time  I  entered  the  '^sanctum  sancloriun''^  of  the  Canton. 
Mr.  Gunn,  a  very  respectable  looking  man  with  but  one  arm, 
occupied  ihe  upiMrniost  seat  at  the  table,  with  an  immense 
book  before  him  in  which  he  was  writing  '" n marks.'*'' 
Three  clerks  were  likewise  employed  in  a  simihir  manner. 
I  waited  several  minutes  while  uiy  i)redecessor  was  Jinished 
o//',  and  then,  alter  being  cautioned  to  *' answer  promptly 
find  truly,"  my  own  "  inspection"  began  :  "  What  is  your 
name  l  Have  you  parents  living  ?  What  are  their  names  'I 
How  old  are  they  i  Where  do  they  live  l  What  is  their 
religion  l  Do  they  know  of  your  being  here  I  Are  they 
wealthy  or  poor  ?  Have  you  brothers  and  sisters  ?  How 
old  are  they  ?  Are  they  married ^  Have  they  any  children] 
What  is  your  own  jige  ]  Are  you  married  i  Where  were 
you  born  ]  W^hat  is  your  trade  I  What  your  religion  '( 
What  is  your  crime  1  What  sentence  I  Can  you  read, 
write,  and  keep  accounts'?  "  Answers  to  these  questions 
being  duly  chronicled,  I  was  ordered  to  pull  '>lf  my  shoes 
and  stockings,  which  being  done,  the  "  measuring  rod"  wa« 
applied.  "  Stand  up  straight,  no  skrinking,  no  stretching." 
My  height  was  declared  to  be  ^'•jest  six  r..<'t."     I  was  then 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


•257 


len 


commanded  to  strip  to  the  waist,  and  my  person  was  closely 
scrutinized  for  anv  marks  or  scars  by  which  I  might  be  iden 
tilled  in  case  I  became  wicked  and  depraved  enough  to  run 
away.  After  my  Lead  and  face  had  been  minutely  described, 
'*  that  will  do,"  was  pronounced  in  a  condescending  tone, 
and  I  was  about  to  "make  myself  scarce,"  when  Mr.  (Junu 
said,  "  Did  you  know  Wait  and  his  comradt's!'"  T  replied 
in  the  aihrmative.  "McLeod,  McNulty  and  Van  Camp  ait, 
I  am  sorry  to  say,  dead.  They  lived  but  a  short  time  altti 
landing.  The  others  are  in  the  interior  and  are  well.  'J'iiey 
appear  to  be  very  good  men.  I  hope  you  and  your  » onuadts 
will  conduct  yourstdves  as  well.""  "  May  I  ask  what  tlicii 
Ircatiiicnt  is  here?'''  "  Oh,  they  are  on  h'ln  at  present,  I  l)(  - 
lieve  ;  but  1  can  not  answer  (pieslions, — you  may  go.'"  ''So 
this  is  a  specimen  of  Van  Dieman's  Land,"  I  said  to  myscll, 
as  the  impertinent  door-keeper  half  pushed  me  out  of  tii*- 
•-■abin. 

Three  out  of  nine  of  my  late  comrades  were  dead  f  Tins 
was  sad  news  indeed.  Poor  McLeod,  too,  was  one  of  thr 
number.  Never  have  I  known  a  more  noble  specimen  of  the 
human  race  than  was  Alexander  McLeod.  Comparatively 
faultless  in  person,  mind  and  heart,  he  won  the  confidence 
of  all  his  fellow  prisoners;  and  in  Canada,  England  and  Van 
Dieman's  Land,  the  sympathy  of  those  who  had  him  in 
charge.  Mr.  Wait,  in  his  narrative,  says,  '•'lie  (ihe  sur- 
geon) inijuired  for  poor  ^TcLeod,  and  on  being  informeil  of 
his  removal  to  number  foiuieen  (dead-house)  he  said,  "  I 
feared  it!  I  wish  to  heaven  I  could  have  saved  him,  but  he 
came  too  late  for  our  skill.  I  never  saw  as  perfect  a  model 
ot  a  man  as  his;  and  I  a.u  sorry  to  say  that  I  candidly  believe 
him  to  have  lallen  a  victim  to  the  barbarity  of  the  surgeon 
of  the  ship,  who  ou<j;ht  to  be  j)laced  in  the  same  situation 
tJiat  a  dozen  of  his  men  are  already  in,  since  landing.'  "  fn 
speaking  of  his  interment,  the  same  author  adds,  "  Fiv"  days 
afterwards,  a  boily  ot  prisoners  who  had  come  in  the  'Mar- 
(^uis  of  Hastings"  were  sent  to  the  hospital  to  hury  the  dead. 
They  anived,  and  found  the  body  on  a  table  in  tlic  ward  cut 
in  many  pieces,  with  its  entrails  Ivinc;  beside  it.  Thev 
,  1% 


258 


NOTES  OF  AN  EXILE,  ON  CANADA, 


M 


:  i 


^atliered  the  pieces  together  and  put  them  in  a  cotfin  oi 
routrh  boards,  and  behold,  it  was  poor  McLeod,  whom  the) 
all  knew  and  respected.  The  scene  was  revolting,  but  thert 
was  no  alternative.  They  carried  him  away  and  laid  him  m 
,1  stranger's  grave,  without  ceremony,  or  one  mark  to  distin 
iiuisii  the  spot  from  the  thousands  of  felons'  mounds  around 
h'ni."' 

.idiiii  James  McNulty  and  Garret  Van  Camp  were  hotl: 
ipii'j,hl,  well  disposed  men  and  esteemed  by  their  comraiies. 
They,  loo.  esca})ed  from  British  thrahlom  through  the  grave. 
The  tormer,  says  Mr.  W.,  died  of  consumption,  but  thi 
latter  from  an  injury  received  while  drawing  a  cart.  \Va> 
it  not  lielter  to  die  even  thus  than  to  live  a  slave/ 

Koui  years  after  McLeod's  death,  having  obtained  permis- 
inission  to  visit  Hobart  Town,  I  spent  considerable  lime  ii 
truilless  endeavors  to  discover  his  resting  place;  the  Canadiai 
prisoners  having  in  contemplation  the  erection  of  a  grave 
>iont   as  a  simple  tribute  to  his  worth.     When  compelleil   l< 
'o  abandon  all  ho]n3  of  finding  the  grave,  1  sal  down  .im 
penned   the  following   lines,   winch   were  ])ublislicd  m  liu 
"■Colonial   Times,"   of  liobarl  Town.      I    introiiuce   then. 
h»'ie  out  ot  icspect  to  the  memory  of  the  dead,  and  not  as 
t»«)ssessing  literary  merit : 

I  sought  I  ho  gnivfi  of  my  f'ripnd. 

Amid  ihf!  slumb'ring  dead  ; 
in  ilio  yard  wliero  outcast  men 

Are  doomed  tu  lay  tluir  \iCH<\. 

Wheru  the  wrong'd  and  injured  lir. 

Neglected  and  forgot ; 
And  the  ravon'-i  mournful  CIV 

Alone  bewaiU  tLt-ir  loti 


I 


Where  the  felon  finds  at  io* 
An  end  to  sin  and  crime  , 

His  woary  pilgrimage  pass'd 
And  sorrow  liealed  in  Time. 


\V'l;erf  :\w  free  and  bond  both  kleef. 

In  earth's  cold,  dismal  coll ; 
And  the  gaoler,  Death,  doth  keep 

And  tend  his  prii'ners  well. 


ENGLAND  AND  VAN  DIEMAN's  LAND. 

I  sought  in  vain  the  place 

Whcro  they  had  made  his  bed: 
The  sexton  had  left  no  trace 

Of  the  forgotten  dead  I 

Stranc'er  !  wouldst  thou  wish  to  heai 

Whv  I  thus  soiitiht  that  Ktavc. 
To  niiiigie  a  comrucle'si  teni 

Witli  ashes  of  the  brave  ' 


259 


J  was  to  bid  iiim  sweetly  resi. 

TiioiiEh  in  a  foriMgn  land  • 
And  plant  a  rose  on  liis  breas:, 

Cull'd  by  a  comrnde's  hami 

To  erect  an  humbie  stone- 
In  honor  of  tbe  bravt, 

With  tliis  inscribed  tl.ercor! : 
■'  Thie  IS  a  I'li'.rio'  s  t'luve," 

On  the  third  day  a  o;L'nllcmaii  by  the  naiae  ot  M^igai. 
.1  [lolici;  inagistiate,  and  editor  of  the  "Teisinanian  VVeekl\ 
flcview,"  came  on  board  and  inquired  for  me.     A  friend  ii 
Kn;jland   had  wrillcn  to  him  in  Ijehalf  of  myh-elf  and  coin 
rades,  and  he   called  to  tender  his  services.     He  had  beei 
■111   C'lliicer  in  the  I'ritish  army  during  the  lat>t  war,  and  hai: 
smcfi  made  a  tour  throui^h  the  United  States.     Me  talked. 
riUi.!.  of  our  institutions,  American  enterprise,  ice,  wljicl: 
111.'  L':realJy  admired;  but  was  very  litter  upon  the  subject  <>! 

uthern  slavery.     He  acknowledo-ed  that  in  espousing;  thi- 
ie  of  the  Canadians,  I  had  only  copied  the  example  ot 


■'.{) 


C.lUi; 


Kn<ilishmen,  v.ho   were    proverbial   for   meddlini:^   wiih   the 
politics  of  their  neiichbors.     It  was  natural  for  the  Vankef  •• 


:r.  v^ish  to  "(vT/c/k/  tlic  area  of  fncdom^''^  and  annex  Canada 
IS  a  tree  state.  He  i)''omi.sed  to  use  his  influence  with  thu 
ioi(>nial  i^overnment  to  have  us  set  at  liberty  in  the  col(»(i\ 
and  said  it  would  reflect  eternal  disgrace  upon  his  I'ountry  it 
iny  attempt  was  made  to  treat  us  as  felons.  T  afterward- 
saw  two  of  his  ])apers,  which  contained  an  urfrent  apperd  t  i 
the  lieutenant  governor  to  treat  us  with  that  liberalitv  whicl 
tiic  nature  of  our  otlenscs  demanded.  ''Our  crirhe  mms  a 
sterling  virtue  in  the  estimation  of  nine-tenths  of  the  civiliz- 
ed world,  and  no  attempt  should  lie  made  to  de-jradf    «»: 


260 


NOTES  OF  AN  EXILE,  ON  CANADA, 


I  » 


punish  us  by  unnecessary  severity.     Such  a  course  would 

create  a  sympathy  in  our  behalf,  and  render  the  government 

which  oppressed  us  contemptible  in  the  eyes  of  the  world," 

&c. 
If  thou  hast  ever  made  a  long  voyage,  reader,  I  need  not 

tell  thee  how  pleasant  the  sight  of  thy  mother  Earth  is  at 
its  termination;  and  how  thy  feet  itch  to  kiss  her  fair  cheek 
once  more.  How  dull  and  irksome  thy  old  friend,  the  ship, 
becomes  when  forests,  fields,  meadows,  and  flowery  gardens, 
are  beckoning  thee  to  come  and  taste  their  sweetness  !  Al- 
though hope  of  liberty  on  land  was  daily  becoming  more  faint. 
I  felt  ai;xious  to  tread  upon  terra  firma,  to  learn  the  worst, 
and  meet  the  fate  that  awaited  me  as  became  a  man.  Any 
thing  for  a  change,  and  to  get  rid  of  the  dull  monotony  o( 
a  ship. 

On  the  morning  of  the  17th  January,  the  cry  of  **  Roust 
out  there!  turn  out!  turn  out!  going  ashore!  huzza  for  the 
shore!"  resounded  through  the  ship  long  before  gray  morn- 
ing dawned  in  the  east.  It  is  natural  for  a  proud  young  man 
to  be  rather  fastidious  in  performing  the  duties  of  his  toilet 
upon  all  important  occasions,  and  as  "  going  ashore  "  was  a 
great  event,  I  was  very  naturally  thrown  into  a  little  flurry 
about  dressing.  A  solitary  lamp  was  suspended  near  the 
hatchway,  but  only  cast  a  few  glimmerings  of  that  which  I 
so  much  needed  into  my  eyes,  making  it  necessary  t:  tryst 
entirely  to  the  sense  of  touch  as  there  was  no  time  to  lose. 
In  the  hurry  of  the  moment  I  committed  a  trifling  blunder 
by  putting  on  my  —  what  shall  I  call  them  ? — nay  do  not 
hlush,  fair  reader,  if  I  tell  the  truth  without  mincing;  it  was 
my  knee-breeches — first  in  an  inverted  order;  then  the  Avrong 
side  before;  and  lastly,  rendered  desperate  by  the  cry  ol, 
*■'  turn  out  there !  launch  alongside  ! — what  are  you  doing 
there  below  I  "  I  made  a  vigorous  shove  with  my  foot, 
which — oh,  horrible  to  tell ! — carried  away  at  least  one-half 
of — ol — the  scat!  ^'  Curse  the  breeches  !"  said  I,  "  what  a 
pretty  figure  I  shall  cut  on  shore  now  1"  Nay  thou  wouldst 
»ot  have  laughed  at  my  expense,  reader,  hadst  thou  been 
presenr,  for  it  was  all  done  in  the  dark,  and  even  now  thou 


^^ 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


261 


wouldst  never  have  known  this  important  incident  in  a  pri- 
soner's life,  but  for  my  perfect  good  nature  in  relating  it.  I 
have  a  piece  of  advice  to  append,  for  which  I  expect  many 
thanks.  It  is,  never  to  do  any  thing  in  a  hurry  in  the  dark. 
Take  time  to  feel  thy  way,  and  in  getting  out  of  bed  at  night 
mind  where  thou  puttest  thy  loot  ;  serious  mishaps  may 
always  be  avoided  by  taking  time  to  feel.  Again,  if  thou 
art  in  mental  darkness  and  canst  not  clearly  see  thy  way,  be 
not  hasty;  take  time  ;  thou  wilt  soon  get  more  li<>ht ;  make 
further  inquiry — research;  nor  take  a  single  step  until  certain 
of  being  rlghl.  It  will  save  thee  thy  reputation,  tliy  money, 
thy  friends,  tliy  own  self  respect.  How  easy  it  is  to  do  one> 
self  or  friend  an  irreparable  injury  merely  by  acting  with 
haste  in  the  dark  !  If  we  wait  to  hear  but  one  side  of  .'i 
story,  and  that  too  misrepresented;  if  we  take  but  one  view 
of  an  important  su])ject,  and  that  perchance  a  false  one;  or  it 
we  shut  out  our  eyes  to  the  liaht  which  a  liltlo  trouble  and 
patience  would  brinjj;  to  our  aid,  we  may  justly  expect  thai 
darkness  will  bliglit  our  fairest  pros])ec(s  and  iinally  annihi- 
late our  lundest  hopes. 

But  the  launch  is  ready,  and  now  ''  tum])le  up  !  tumbh;  u|i 
there  I  huzza  for  the  shore  !  huzza!  huzza!"  WJiat  a  rush 
to  the  gangway  !  what  crowding  ami  jamming,  pusiiing  and 
pulling,  cursing  and  blaspheming  among  the  poor  \vrel>.'hes! 
Little  do  they  realize  what  the  shore  will  prove  to  them,  or 
they  would  be  less  hasty.  Grant,  (jcmmell  and  niyseli  ais' 
soon  seated  by  ourselves  in  the  boat  and  have  taken  leave  oi 
Llic  Canton  forever.  I  felt  for  one,  that  I  was  parting  from  an 
old  and  tried  friend,  which  had  served  me  faithfully  in  tlu: 
tempest  and  storm;  nevertheless,  I  was  glad  to  part  company, 
for  her  friendship  would  no  longer  avail  me.  Alas !  thus  it 
js  with  the  world;  a  tried  fricnid  is  cut  when  no  longer 
required  to  serve  a  purpose.  A  few  moments  brought  us  to 
tl-e  shore,  and  when  I  once  more  set  my  foot  on  land  there 
was  a  sensation  attending  it  delightful  in  the  extreme, 
known  only  to  those  who  have  been  long  at  sea.  The  whole 
party  were  marshaled  in  marching  order,  myself  and  com- 
rades bringing  up  the  rear.     Constables  were  in  attendance 


262 


NOTES  OF  AN  EXILE,  ON  CANADA, 


i! 


\i 


■■  i 


to  see  that  all  was  right,  and  we  were  ordered  to  ^'move  on."'' 
It  was  still  dark,  and  so — so — but  I  will  say  nothini^  about  it, 
as  1  do  not  know  what  might  have  been  seen  by  any  shnrp- 
sinrhted,  malicious  person  behind  me. 

Tiic   penitentiary,  ^^Teuch,'^  or  ])risoncrs'   barnirkF.   mv> 
the  yard  of  which  wo  were  turned,  like  so  inany  calllo,  tf» 
spend  the  entire  day,  covered  an  area  of  about  two  acres, 
(nicluding  the  aforesaid  yard).     At  one  end  of  the  yard  was 
;i  large  church,  the  basement  story  of  which  was  converted 
into  cells;  on  the  front  side  the  superintendent's  and  clork"^ 
olficcs,  and  a  largo  hospital;  on  the  opjwsite  the  superlniend- 
<mt"s  dwelling  house ;  and  on  the  other  end  a  large  block  of 
huil(lin:^rs    containing  a   store-house,    cook    and    bakc-]ir>!.is<', 
mess-room,  tread-mill — of  which  more  anon  —  anrl  barracks, 
<'apable  of  liolding  about  fifteen  hundred  men.      The  whoic 
Vv-as  inclosed  by  a  high  wall,  the  top  of  which  was  covered 
with  sliarp  bits  of  l)roken  glass,  which  W'ould  deter  any  person 
not  made  of  mahogany  from  attempts  to  escalade  it.     Th'- 
mess-room  is  a  hall  about  one  hundred  foot  in  length,  nnd 
sixty  in  breadth,  containing  fixed  tables,  forms,  &c..  in  which 
tl.e  old  hands  dine.     Attached  to  this  is  the  cook-house,  wh.ich. 
to  tiic  generality  of  pris<.iners  is  the  most  interesting  j'art  n\' 
tlic  barracks,  from  the  savory  smidl  of  sundry  luc-   t/iino-.s. 
that,   notwithstanding   the  rules  of  the  place  forbid  it.   nr>- 
there  to  tempt  the  odd  shillings  and  half-})cnce  of  crmvict 
t;picures.     Constables  were  stationed  at  the  barrack  gate  da}- 
and  niiiht  to  sec  that  nothing  contraband  }iassed  in  or  out ; 
but  as  the  fellows  were  fond  of  -'tlp,'^  trade  of  all  kinils  went 
o\\  l)riskly.      This   "/iy;,"  it  was  said,  was  taken  by  t'vor\ 
L'overnment  officer  in  the  colony,  from  the  governor  d'»wr) 
to  scaveneM",  and  was  what,  in  civilized  countries,  is  callcfl 
bribcrN'.     v  )ur  luugage  was  ordered  to  be  taken  fron\  us.  after 
being  marked  widi  our  names,  and  put  into  the  store-housr 
under  charge  of  n  Mr.  Williams,  who  was  appointed  tf>  tiiat 
•  »lficc  by  the  homo  government,  with  a  salary  of  fifteen  hun- 
dred dollars  per  year.     We  were  told  that  every  thing  wouki 
be  properly  taken  care  of  and  restored  when  we  were  entitled 
to  i  ndulgence.    But  few  of  the  boxes,  trunks,  &c.,- thus  con- 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


2(i:^ 


1^ 


|»;nt 

'.•n 
ilofl 

[tor 

ISO 

I  at 
[m- 
ikl 
led 
m- 


••iirncd  to  the  safe  keeping  of  Mr.  Williams,  ever  find  their 
rjfrhti'ul  owners  acrain.     Mv  own  did  not,  and  1  hoard  mans 
•'omplaints  upon  the  subject  from  others.     At  lialf  past  io\iv 
o'clock  in  the  morning  the  bell  rang  for  ^'hnii  of//,"  anil  then- 
was  a  lerrihio  rattling  of  nuisance-tiibs,  kids,  jiannakint-'.  ^V'-.. 
until  th(3  breakfast  hour  was  over.     We  were,  '2.'}S  In  nunituT. 
])i;nnpd  up  in  one  corner  of  the  yard,  and   two  musfables 
j)lac('d  over  us  to  see  that  we  had  no  communication  witfi  di« 
old  hands,  who  came  out  in  small  squads  to  look  at  us;  j!i;iiiy, 
no  doubt,  expecting  to  recognize  old  friends,  compani' ^ns  .n 
"rime,  whom  they  had  left  ])ehind.     Several  reeognitioi.s  "t 
this  nature  took  place  during  the  morning.     At  six  o'clock  tin 
mnst'-^r  bell  rang,  and  about  twelve  hundred  men  answci'cd  t' 
«h(nr  names,  took  their  })laccs  in  their  respective  gangs,  .-irui 
under  the  charge  of  overseers  marched  out  of  the  bniTnck^;  le 
tJieir' daily  labor. 

liCader,  didst  thou  ever  in  thv  life  couk^  in  contac.'t  with  ;: 
vory  great  man?  ]f  not,  thou  art  ^'nohodi/,"  and  it  will  bo  't 
littli;  use  for  me  to  attempt  enlightening  thee,  for  tIv'II  cansl 
not  jiossibly  comprehend  the  length,  lu'cadth,  dcjvth  and  licighl 
ot' the  great,  high  and  mighty  Franklin  —  Capt.  John  Franklin, 
Jv.  i\.  —  Sir  .John  Franklin,  K.  T.,  Lieutenant  Clovcrnor  ;! 
the  island  of  Van  Dieman's  Jiand  and  its  dcpcncics,  C'(tm- 
mander  in  Chief  of  her  Majesty's  forces  therein.  Cc'-.,  ^:c., 
vVc.  Only  think  that  J,  thy  humbl(j  servant,  who  as  a  matter 
of  course  could  not  have  seen  during  the  twentv-two  years  ol 
uiy  blisstul  existence,  any  body  of  more  inipf»rtanc(;  than  :i 
<*ountry  scjuire,  jjarson,  or  village  pettifogcrer,  ■should,  by  a 
single  strt)ke  of  fortune,  be  thrown  into  the  ()r«.seuee  and 
society  of  this  great  maa!     Truly,   I  was  born  to  behold 


wonders 


We  were  officially  informed  that  his  Excellency,  tlic  ureal 
man  of  the  island,  would  call  upon  us,  the  <lay  we  landed, 
and  were  ordered  to  c/ea/i  ourselves,  and  look  as  respectnble 
ds  possible.  We  were  also  forbidden  to  appear  in  any  other 
than  cortvict  clothing  on  the  occasion.  This  last  order 
placed  rile  in  a  quandary,  if  I  was  not  already  in  one;  for 
I  had  sat  upon  a  cold  stone  all  the  morning,  for  the  sole  pur- 


2(ri 


NOTES  OF  AN  EXILE,  ON  CANADA, 


! 


pose  of  hiding  the  enormous  rent  in  my  knee-breeches.  Sji 
long  as  I  kept  ray  uncomfortable  position,  all  would  be  well, 
but  I  could  not  sit  there  forever.  I  had  good  clothing  in  my 
trunk,  but  it  was  of  no  use,  for  although  I  had  worn  it 
(luring  the  whole  voyage,  and  given  or  thrown  away  my 
"•  goveriiinent  slops,"  with  the  exception  of  the  rent 
hreeclics,  now  I  was  obliged  to  divest  myself  of  every  article 
and  ])rovide  a  substitute  in  genuine  convict  apparel.  Had  I 
f)L'en  the  owner  of  a  single  shilling,  there  would  have  been 
little  (liniculty  in  obtaining  a  pair  of  breeches,  but,  as  it  was, 
I  <  (uild  think  of  no  better  plan  to  make  a  •■'  raise'-  than  sell- 
jni^  iny  dinners  for  a  week  in  advance.  Reader,  wast  thou 
♦'\  (M  hungry  ?  I  was  half  starved  when  I  resolved  to  p;irt  (ex- 
•  e])ting  morning  and  evening's  skilly)  with  a  whole  week's 
rations  ibr  a  paltry  pair  of  old  knce-brccchcs !  "  Holloa  ! 
there,*'  cried  I,  to  Timothy  Greedy,  a  fellow  who  was  always 
•'ither  purchasing,  begging  or  stealing  something  wherewithal 
If)  t^lut  himself;  "Holloa!  Tim,  I  want  your  services;  havt 
the  goodness  to  step  this  way  a  moment."     •'  What   in  the 

do  you  want?"  muttered  the  glutton,  who  was  at  that 

inoKicnt  driving  a  bargain  with  a  poor  fellow  for  his  evening's 
skilly.  Tim  was  smoking  his  ])ipe,  and  it  appeared  that  his 
virtim  was  also  a  smoker,  and  desirous  of  gratifying  his  love 
')f  tobacco  at  the  expense  of  his  supper — "  I  tell  you  what,'' 
sniJ  Tim  Greedy,  "  I  will  give  you  ten  draws  from  this  ere 
pij)C  1  have  smoking"  (here  he  gave  a  puff  of  the  delicious 
etlluvia  ink)  the  man's  face,  in  order  to  make  him  eager  foi 
the  bargain)  "for  your  skilly  to  night,  ahd  will  hold  the  pipe 
^o  vour  mouth  and  count  while  you  pulf  them  olf;  and  if  you 

wont  do  thai,  then  be  d to  you  lor  a  stingy  crab  what's 

VI  () tight  as  wouldn't  give  your  own  shipmate  vot  let 

vou  smoke,  a  paltry  dish  of  skilly."    "  I'll  do  it  for  twelve,'" 

was  the  reply.     "To  h with  you;  I'll  see  you  d 

iirst."*  "Its  a  bargain,  then,"  cried  the  other,  and  he 
eagerly  held  out  his  hand  for  the  pipe.  "  Not  so  fast,"  said 
Tim  ;  "  the  draws  mustn't  be  too  long ;  jest  common  puffs." 
"Agreed,"  said  the  other.  Tim  Greedy  holds  the  pipe  while 
the  other  smokes  away  his  supper.     "One,"  says  Tim, 


ENGLAND  AND  VAN  OIEMAN'S  LAND. 


265 


'*  two — three — four, — that's  a  little  too  long, — five — six- 
seven, — too  long  again, — eight — nine — ten;  that's  too  d- 


long;  let  go  the  pipe  you  d hog  ;  you  are  swallowing  the 

smoke  you  villain;  you  are  getting  three  putTs  for  one."  The 
pipe  wai  now  reluctantly  yielded,  but  the  smoke  continued 
to  ooze  out  of  the  poor  fellow's  mouth  and  nostrils  for  some 
time,  clearly  indicating  that  the  hist  "  draw"  had  been  a 
good  one.  "  Remember  the  skilly,"  said  Timothy  Greedy, 
iis  he  turned  away  and  approached  me.  His  greedy  eyes 
were  rolling  in  their  deep  sockets,  and  he  looked  hungry. 
i  inwardlv  shuddered,  and  for  a  moment  hesitated  whether  I 
shoulil  make  my  business  known  to  him,  but  a  very  painful 
sensation,  closely  connected  with  the  stone  ui)on  wliicli  1 
sat,  overcame  all  thoughts  of  hunger,  and  I  iorlhwith  com 
)neuce<!  making  a  bargain.  "  Tim,"  said  I,  you  liave  a  pair 
of  l)reeches  that  you  do  not  wear.  I  think  lliey  will  fit  me, 
anil  if  }0U  are  willing  to  part  with  lliem  I  will  satisfy  you." 
"'What  will  you  give  ?"  "  I  have  nothing  ])Ut  my  rations,'' 
I  replied.  "  Vou  just  now  bought  a  man's  sui)[)er  ;  what  say 
you  to  a  good  dinner?"  "  (jood  dinner!  do  you  think  I 
will  ]iart  witli  them  are  super-hexcellent  knee-breeches  lor 
less  than  a  do/en  dinners  T'  "  Tiin,"  I  replied,  "  I  want 
them,  and  will  give  you  my  dinner  for  a  wei.'k,  but  no  more. 
If  you  like  the  oiler,  accept  it  at  once  ;  if  not,  depart,  and 
I  will  seek  elsewhere."  Here  a  constable  called  out  that 
^[illcr  was  wanted  immediately  at  the  superintendent's  ollice. 
•'Let  them  want  ;  1  shan't  go  ;  if  Mr.  Gunn  wants  me,  let 
iiim  come  here  ;  I'll  not  run  after  him."  "  But  you  must,'' 
said  my  friend  Grant.  "  I'll  not  get  up  from  this  stone  for 
the  governor  himseli",''  1  answered.  "Send  Miller,  the 
Canadian  prisoner,"'  was  again  shouted  by  a  constable. 
Timothy  Greedy  seiw  his  advantage,  and  taking  the  coveted 
breeches  from  his  bag,  held  them  up  before  my  eyes,  and 
said,  "Tell  you  what,  my  covey,  if  yo\i  want  these  ere  for 
nine  dinners,  take  'em;  and  if  you  don't  like  the  bargain  you 
may  go  to  h !  for  you  don't  get  'em  for  a  d mouth- 
ful less."  "  Send  Miller  at  once,"  was  again  sung  out. 
The  villain  triumphed.     I  took  the  breeches,  drew  them  on 


I 


,•<" 


266 


WOTES  OF  AN  EXIF-E,  ON  CANADA, 


I 


1  , 


■      (r 


I 


over  tho  old  ones,  and  answered  to  the  call  from  the  orTice 
Btit  nine  dinners  were  gone  atid  I  had  yet  to  coinpleio  a  nil' 
suit!  What  could  I  do  ?  Jinrroiu,  ot  cours.  ;  all  llif  work 
borrow  so  lon<^  as  credit  holds  <4ood,  and  why  should  not  I  ' 
Hut  the  dilficulty  was,  who  amoiij^  so  racrc^cd  a  stt  of  fellows 
had  any  thinijj  to  lend  I  ''  Who  will  lend  ine  a  striped  shirt  ' 
donU  all  speak  at  once"    A  pause.    One  says,  ''I  don't  cap 

ad if  you  never  have   one;   you   have   lucn   lordin'j;  i^ 

over  us  all  the  voyat^c  with  your  line  cloihinv,  and  now  vou 

want  to  horrow  an  old  shirt,  you  d Vrinkee."     Another. 

''I  have  one  you  are  welcome  to,  but  it  has  no  roljar. 
sleeves  nor  back;"  and  a  third  sutrc^ests  that  I  shouhl  ask  his 
Excellency  for  the  loan  of  one  of  his,  Avhen  he  comes,  h 
kind  fellow  who  had  occasionally  assisted  in  devourin^,^  rn*. 
pea-soup  on  the  voyage,  at  length  brought  mc  an  ol  '^hirt 
and  waistcoat,  with  which  1  was  forced  to  be  C'  nt'^nl. 
••'  Now  for  a  jacket — who  has  a  jacket  to  spare  ?"     •"  .acket 

be  d ''  says  one  ;  *'  you  don't  want  a  jacket — it  w'lV  hioe 

that  arc  fine  shirt  of  yours."  Nevertheless,  a  jacket  was 
provided,  but  it  w-as  a  mile  too  small,  and  the  sleeves  onh 
reached  to  the  elbow.  An  old  greasy  cap  com})letr»d  mv 
outlit.  Good  heavens !  what  a  shout  arose  when  [  \v;i> 
declared  by  all  hands  to  be  properly  equipped  ft'r  the 
approaching  interview  with  his  sacred  majesty! 

Anhourbelbre  the  appearance  of  his  Excellency,  wo  were 
all  paraded  in  military  order.  In  front,  standing  by  (mi: 
selves,  were  Grant,  Gemmcll,  Beemer  and  mysell":  in  cur 
rear  the  whole  ship-load  of  poor  fellows,  in  double  lile,  and 
extending  their  line  across  the  whole  yard.  The  niorm  :it 
his  Excellency  made  his  appearance  at  the  gate  of  the  bar- 
racks, every  cijp  was  dolled,  and  the  most  prol'ound  iqlence 
reigned  throughout  our  imposing  ranks.  The  gieat  man 
approaches,  accompanied  by  some  of  his  oificials,  the  captain 
and  surgeon  of  the  Canton.  His  appearance,  to  say  tiie 
least,  was  somewhat  imposing.  Clad  in  his  official  garb, 
adorned  with  his  star,  and  covered  with  his  cocked  cap  and 
feather,  no  nabob  of  India  could  affect  more  dignity  and 
importance.    He  appeared  to  feel,  as  he  strutted  about,  that 


RilOCANI)  AND  VAN  DIF.MAN's  LAND. 


26' 


ru" 


're 


he  was  tho  only  man  ujion  eaiili.  His  hcii^lil  wns,  I  sliould 
judi^t',  about  five  feet  nine  inches  ;  liis  circvunrerence  ([uite 
out  of  ])ro))()rtlon,  and  clearly  im  icatin«.s  that  however 
starved  he  nii,i>,ht  have  been  as  '"•Caplain  Franklin,"  in  his 
northern  expedition,  lie  had  been  more  I'ortunale  in  the  south 
as  governor  of  the  land  of  Ndd,  and  that  here  ihert-  ^vas  no 
scarcity  of  {Zi'case  and  «;"0()d  foranin^".  I  very  naUirally  cast  :i 
'su<i>picious  |j;huH'e  at  his  JlxLellen('y''s  bocjts,  nut  from  the 
supposition  that  here  there  was  any  necessity  for  his  eating 
the  soles,  as  he  had  done  at  tin  north,  but  there  was  no  cer- 
tainty what  the  man,  who  was  evidently  a  great  glutton, 
iniirht  do.  A  short,  thick  neck,  sujjporting  a  head  of  no 
ordiuary  size,  really  set  (df  his  broail  shoulders  to  advantage-", 
complexion  dark  ;  forehead  broad,  low,  and  standing  back 
like  an  idiot's;  eyes  liazel,  very  large  and  didl  ;  nose  enor- 
mous; mouth  very  ale  ;  chin  j)roniinent  ;  these  were  the 
leadiiii':  features  of  his  Kxcellency.  His  countenance,  alto- 
^<ethcr,  was  rather  open,  irank  and  honest ;  and  I  was  not 
lont:  in  arriving  at  the  conclusion  that  he  was  an  indircile  old 
man;  a  para  'on  of  good  nature;  with  an  excellent  o})ini(.n  ot" 
himself,  anil  little  wit  to  uphold  it.  How  far  this  was  cor- 
rect, will  apjicar  in  subscfjuent  chapters.  After  taking  a 
general  survey  of  the  whole  l)arty,  he  chose  a  commandinu: 
position,  about  six  paces  in  front  ol  the  line  I  have  described, 
and  after  half-a-dozcn  *■'  d-hcms''''  conmicnced  : 

•"'iNIenl''  said  his  Kxcellency,  (addrcs><ing  himself  to  in- 
visible beings,  for  his  eyes  were  turned  upward,)  "  men  !  you 
have  been  sent  here  by  the  l;iws  of  your  country  as  bad  men; 
unfit  to  go  at  large ;  dangerous  to  the  peace  of  society ;  dan 
gerous  to  the  security  of  property ;  you  are  all  bad  men  ! 
very  bad  men  indeed!  You  ought  to  have  been  hung  instead 
of  being  sent  here  ;  but,  as  her  ^^ajesty  has  been  graciously 
l)lcased  to  be  merciful,  and  as  the  laws  of  England  are  very 
mild,  you  ought  to  be  very  thankful."  (Here  1  ventured 
another  glance,  his  eyes  were  rolling  in  their  sockets  like 
those  of  a  person  undergoing  the  most  excruciating  agony. 
I  did  not  wonder,  for  such  a  speech  must  naturally  cost  a 
great  effort.)    "  You  have  been  sent  here  for  various  periods 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


■tt  iiii   12.2 
Ef   L£    12.0 


IL25  III  1.4 


1^ 


fliotographic 

Sciences 

Corporation 


23  WIST  MAIN  STMET 

WiBSTIII,N.Y.  145M 

(716)172-4503 


^  <^. 


:^ 


/^^ 
Ur^ 


4 


^> 


268 


NOTES  OF  AN  EXILE,  ON  CANADA, 


of  time,  varying  from  seven  years  to  the  term  of  natural  life; 
and  you  are  sent  here  for  punishment.  You  will,  therefore, 
submit  to  "whatever  treatment  you  may  be  subjected,  during 
your  respective  sentences,  without  murmuring  or  complaint. 
You  will  pay  every  obedience  and  respect  to  your  superiors 
and  all  in  authority  over  you.  Although  your  crimes  have 
been  various,  and  some  are  of  a  darker  dye  than  others,  yet 
here  the  treatment  will  be  the  same;  no  partiality  will  bt* 
shown;  but  as  your  sentences  are,  so  your  treatment  will  be. 
You  whose  sentences  are  for  life,  will  be  required  to  do  two 
years  probation  on  the  roads.  Shorter  sentences  for  a  cor- 
responding term.  Should  your  conduct  be  good,  very  goody 
during  the  whole  period  of  probation,  you  may  receive  some 
indulgence  at  the  end  of  that  time  ;  but  you  can  not  claim 
this  as  a  right,  and  if  granted  at  all,  it  must  be  as  a  favor. — 
One  single  charge  preferred  against  you  will  do  you  a  very 
great  injury;  and  every  charge,  proved  before  a  magistrate, 
will  be  registered  in  your  police  characters,  to  which  refe? 
ence  will  be  made  whenever  you  apply,  after  the  expira- 
tion of  t^v1[)  years,  for  any  indulgence.  I  must  particularly 
caution  you  all  against  holding  any  communication,  or  form- 
ing any  acquaintances  with  the  old  hands.  They  are  very 
wicked,  more  wicked  if  possible  than  yourselves,  and  if  you 
allow  them  to  advise  you,  you  will  certainly  be  ruined." — 
(I  overheard  some  one  sigh,  "Oh,  God!  am  I  not  ruined 
already  ?")  "  'i'hey  wuU  teach  you  every  thing  that  is  bad, 
and  make  you  worse  than  themselves.  In  particular  I  cau- 
tion you  to  shun  absconding.  You  are  sent  here  for  punish- 
ment, having  committed  crime,  and  you  deserve  that  punish- 
men.  Nothing  can  be  more  wicked  than  to  attempt  avoid- 
ing your  punishment  by  absconding.  You  take  the  bush, 
you  rob,  you  plunder,  you  even  murder  your  victims,  but 
you  are  soon  taken,  tried  and  hanged.  You  can  not  possibly 
get  out  of  the  country  and  while  you  escape  detection,  your 
life  is  most  miserably  wretched  !  Then  beware  of  abscond- 
ing.  You  are  well  clothed,  your  bedding  is  good,  and  your 
rations  are  also  very  good.  You  ought  to  be  thankful,  for 
they  are  much  better  than  you  deserve,  and  you  ought  to  bo 


ENGiaND  AND  VAN  DIEMAN'S  LAND. 


269 


I 


contented.  You  are  all  bad  men,  very  bad  menP^  Here  his 
Excellency  paused,  and  the  surgeon  and  captain  pointed  out 
some  whose  conduct  had  been  particularly  good  during  the 
voyage,  but  his  Excellency  said  that  he  could  make  no  dis- 
tinction here  ;  every  thing  depended  on  their  conduct  here- 
after. He  then  came  and  took  up  his  position  in  front  of 
myself  and  three  companions.  "Who  are  these?"  he 
inquired  of  the  surgeon  of  the  ship.  "They  are  state  pri- 
soners from  Canada,"  was  the  answer.  The  great  man  drew 
himself  up  to  his  full  height,  for  at  least  five  minutes  he 
stared  us  full  in  the  face,  his  own  undergoing  various 
(ihanges  in  expression.  I  felt  that  the  time  had  come  which 
was  in  a  great  measure  to  decide  our  fate.  The  horrid  past, 
the  dreaded  future,  visions  to  make  the  heart  ache,  the  pulse 
to  stop,  the  blood  to  congeal,  were  sporting  with  my  imagi- 
nation. Hopes  I  had  cherished,  though  of  late  they  had 
been  waxing  fainter  and  fainter;  and  now  they  were  either 
to  be  crushed  forever,  or  words  of  encouragement  and  assu- 
rance were  to  chase  away  the  sickly  fears  of  evil.  Oh,  God  ! 
the  agony  of  that  moment.  I  could  perceive  by  the  work- 
ings of  his  countenance  that  evil  was  in  his  heart,  that  the 
angel  of  mercy  held  no  communings  there.  But  I  remem- 
bered the  justice  of  our  cause,  and  I  felt  my  American  blood 
thrill  through  every  vein  of  my  system,  as  my  eye  caught  his 
and  steadily  fixed  his  gaze.  I  know  not  how  I  looked  at  the 
time,  but  I  felt  that  I  myself  was  also  a  man\  and  that  he  who 
stood  before  me  w^as  no  more  !  My  soul  was  upright  and 
my  body  stood  erect.  I  had  borne  the  past,  I  could  bear  the 
future.  But  his  Excellency's  eyes  are  closed,  his  face  is 
turned  upward,  toward  the  heavens,  his  countenance  indi- 
cates that  something  is  about  to  be  cast  forth  of  importance. 
Now,  Canadians,  hear  your  doom. 

"You  are  bad  men,  very  bad  indeed.  You  were  living 
under  the  best  government  and  laws  in  the  world,  and  you 
rebelled !  The  crime  of  rebellion  and  treason,  is  the  hijrhest 
crime  known  in  law,  under  any,  even  the  worst  of  govern- 
ments ;  but  to  rebel  against  the  government  of  England  and 
against  her  excellent  laws;  to  attempt  to  overthrow  the  one 


270 


NOTES  OP  AN  EXILE,  ON  CANADA, 


and  subvert  the  other,  is  the  height  of  human  wickedness. — 
Besides,  to  take  up  arms,  to  fight  against  your  lawful  sove- 
reign, the  best  in  Europe,  to  strive  to  wrest  one  of  her  best 
provinces  from  her  dominions,  and  set  up  republican  institu- 
tions instead,  at  the  expense  of  the  peace  of  society,  tlic: 
property  and  the  lives  of  her  Majesty's  Icige  and  loyal  subjects 
is  indeed  a  crime  which  makes  me  shudder.  You  richl\ 
deserved  tlie  highest  penalty  of  the  law,  and  it  proves  how 
merciful  and  gracious  our  sovereign  is,  when  we  consider  that 
your*  lives  have  been  spared.''  Here  the  surgeon  explained 
to  his  Excellencv  that  Miller  was  an  American  citizen.  He 
did  this,  no  doubt,  with  the  kindest  intentions,  for  he  was  niv 
friend.  "So  much  the  worse;  so  much  the  worse.  Not 
satisfied  with  being  a  republican  yourself,  you  must  strive  to 
make  others  so.  The  Canadians  had  some  excuse  for  th(Mr 
actions,  if  thev  were  badlv  governed,  but  vou  can  have  none. 
You  had  no  interest  in  the  country;  you  had  therefore  iu» 
business  with  the  affairs  of  your  neighbors.  What!  attenipt 
to  set  up  your  institutions  in  Canada!  Stir  up  treason  i.iic 
rebellion  in  her  Majesty's  dominions!  Invade  a  country  at 
peace  with  your  own! — violate  not  only  the  laws  c^f  yoin 
own  country,  but  those  of  England!  You  are  an  extremely 
bad  man.  I  can  not  conceive  how  anv  man  coukl  be  so  des- 
perate,  so  depraved.  How  merciful  her  Majesty  was  to  ^)\v:v 
your  life!  Hanging  would  have  been  too  good  for  you'  — 
Sympathiser!    Bad  man!     Very  bad  man!^^ 

Here  his  Excellency  appeared  to  be  quite  exhausted  with 
the  mighty  effort  he  had  made ;  his  countenance  during  the 
whole  delivery  was  constantly  undergoing  the  most  ludicrous 
contortions;  his  eyes  rolling,  and  turned  upward,  and  every 
other  word  at  least,  was  accompanied  with  a  puff  and  blow, 
which  showed  an  abundance  of  wind.  It  may  be  presumed 
that  I  listened  somewhat  impatiently  to  this  harangue,  —  that 
my  blood  was  in  truth  boiling  hot.  But  there  was  something 
very  laughable  in  his  Excellency's  manner  of  speaking,  which 
changed  my  wrath  into  feelings  of  pity,  if  not  contempt. — 
Besides  it  was  natural  that  the  old  gentleman's  lovaltv  should 
be  uppermost  in  his  heart,  when  he  saw  a  sympathiser,  and  a 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


271 


US' 

•y 
^, 

Hi 
n: 


:l; 


d 


ii 


sworn  enemy  of  his  sovereign  lady  before  him.  But  he  had 
not  yet  done  with  me.  As  soon  as  he  liad  recovered  siiffi- 
'liontlv.  like  a  true  soldier  in  the  service  of  his  sovereiffn,  he 
returned  to  the  charge  dcterniincd  to  anniliilate  the  enemy. 

■•I  have  heard  of  your  case  before.  You  arc  a  lawyer; 
well  educated,  and  therefore  your  guilt  is  the  greater.  You 
have  not  the  pica  of  ignorance  to  rest  upon  as  others.  Tiiey 
niav  have  been  deceived,  but  it  is  such  as  vou  who  have 
(ioccivcd  them.  They  iiave  been  led  astray ;  but  it  is  such  as 
you  who  led  them  astray;  who  taught  them  to  despise  their 
.'.gracious  sovereiirn,  and  the  excellent  institutions  of  their 
-country;  who  sowed  disalTection  in  their  minds,  and  filled  their 
heans  with  a  desire  for  liberty  and  ccjuality  —  a  ^wi/t  o'  the 
ir/is.p'  —  a  shadow  —  a  phantom.  Equality!  —  you  can't  make 
men  oijual ;  there  is  no  ef[uality  in  your  own  boasted  land  of 
ii'oerty;  there  arc  grades  there,  as  well  as  under  monarchical 
institutions,  and  vou  arc"  all  strivinu:  to  train  ascenden':'V,  one 
over  another,  among  yourselves.  AVhat  makes  your  case  still 
more  aiiirravatcd,  is  vour  vouth.  You  were  very  vounsr  to 
lake  sucli  an  active  part  in  a  rebellion — such  a  wicked  rebel- 
lion. It  [irovcs  how  depraved,  how  wicked  you  had  become, 
ai  an  early  age ;  and  a  lawyer,  too,  to  lireak  the  law  yourself, 
and  teach  others  to  break  it!  lie  careful,  sir,  to  restrain  your 
nil  propensities  here.  Your  notions  of  liberty  and  cfiuality 
must  be  kept  within  your  own  breast.  Van  Dieman's  Land 
is  not  America.  You  are  a  prisoner  here,  and  as  such  I 
caution  vou  to  behave  vourself.  Take  warninn;  in  season !"' 
I  Exhausted  again.)  Here  I  thought  it  time  to  bring  the  sub- 
ject of  our  treatment  under  his  Excellency's  notice  ;  and  thf> 
foilowins:  dialoo;ue  ensued  : 

■^  If  it  please  your  Excellency  may  we  not  hope  to  receive 
the  same  treatment  here  which  we  did  in  England?" 

"•  What  was  that  treatment  1" 

^'  The  orders  of  the  government  were,  that  no  labor  should 
be  required  of  us,  and  no  unnecessary  severity  shown  with 
regard  to  prison  rules,  &c.  We  were  not  treated  as  degra- 
ded men  in  any  respect." 

"  I  do  not  know  what  I  can  do  for  you.    You  have  been 


272 


NOTES  OP  AN  EXILE,  ON  CANADA, 


sent  here  under  difTerent  circumstances  from  other  prisoners. 
No'orders  have  been  sent  with  you  upon  the  subject,  and  I 
have  only  instructions  to  receive  you." 

*^  May  I  not  hope  that  your  Excellency  will  take  the 
treatment  of  the  state  prisoners,  sent  to  Bermuda  by  Lord 
Durham,  for  the  same  crime,  as  a  precedent  in  our  case  ?" 

"  I  shall  be  very  glad  to  do  any  thing  in  my  power  for 
you.  I  hear  an  excellent  account  of  your  private  characters, 
and  am  disposed  to  befriend  you.  I  will  write  immediately 
to  Lord  John  Russell  for  instructions,  and  will,  in  the  mean 
time,  take  your  case  into  consideration.  I  request  that  you 
will  immediately  draw  up  a  memorial  embodying  the  particu- 
lars of  your  cases,  and  send  it  to  me  through  the  principal 
superintendent's  office.    I  will  see  what  I  can  do  for  you." 

**  I  thank  your  Excellency,  and  trust  we  shall  give  no 
reason,  by  our  conduct,  for  regret  on  the  part  of  your  Excel- 
lency, for  any  favor  shown  us." 


CHAPTER  XXI. 

Remarks.— .Vermin.  — The  Notice.  —  Going  to  Church.— Half  an  hour's  exercise.— 
The  Felon  Overseer.  —  Rebellion  on  the  Sabbath  day.— The  Cell.— Scene  in  the 
Office.  — Flogging  the  English  Prisoners.  —  Gambling,  Crime,  &c.  — The  PrincipQl 
Superintendent  and  the  Bushrangers. 

Reformation  of  the  convict  is  declared  to  be  the  primary 
object  of  transportation,  by  the  advocates  of  the  system  in 
Great  Britain.  In  vain  have  its  opponents  exposed  the 
immoralities  prevalent  in  the  hulks,  and  urged  upon  the  con- 
sideration of  the  former  these  proofs  of  a  fatal  defect  in  its 
first  principles.  The  facts  are  either  denied,  or  Van  Die- 
man's  Land,  the  ultimate  destination  of  the  convict,  trium- 
phantly quoted  us  an  immense  prison  where  every  tempta- 
tion to  vice  is  removed  and  the  work  of  reform  necessarily 
commences  the  moment  he  sets  his  manacled  foot  upon  its 
shores.    I  listened  attentively  to  his  Excellency's  speech  to 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


273 


the  English  convicts,  expecting  to  licar  something  upon  the 
subject  of  reformation,  but  was  doomed  to  disappointment. — 
There  certainly  was  truth  in  his  words;  but  was  that  truth 
adapted  to  the  occasion?  He  gave  the  men  good  advice,  no 
doubt;  but  was  it  in  that  spirit  of  kindness  and  charity  which 
ought  to  govern  those  in  authority]  His  Excellency's  re- 
marks clearly  indicated  that  punishment  was  uppermost  in  his 
thoughts,  and  that  reformation  formed  no  part  of  his  creed. 
They  were  calculated  to  harden  and  render  reckless  the 
depraved,  and  confirm  the  young  beginner  in  wickedness  in 
his  evil  ways.  No  words  of  kindness  and  encouragement 
fell  from  his  lips,  to  cheer  these  wretched  outcasts  of  earth; 
no  hope  held  out  to  them,  except  in  patiently  submitting  to 
whatever  hardships,  common  to  a  penal  colony,  might  be 
imposed  upon  them.  They  were  transported  for  piinhhment 
sixteen  thousand  miles  from  their  native  land,  where  mercy 
was  unknown,  and  compassion  a  stranger.  Years  of  hopeless 
misery  and  shame,  among  wretches  more  depraved  if  possible 
than  themselves,  were  before  them  ;  and  no  matter  what  their 
conduct  might  be,  good  or  bad,  indescribable  sufferings  were 
to  be  their  meat  and  drink.  None  were  here  to  feel  for  their 
woe,  and  encourage  them  in  their  dark,  solitary  way;  none  to 
lure  them  from  the  paths  of  sin;  none  to  take  them  by  the 
hand,  lost  and  ruined  as  they  were  for  this  world,  and  point 
out  the  road  to  a  better ;  none  to  tell  them  there  was  hope ; — 
but  their  only  friends  were  to  be  their  companions  in  crime  ; 
their  only  enjoyment  the  bitter  fruits  of  sin.  No  wonder, 
then,  if  they  gave  up  all  for  lost;  no  wonder  if  they  listened 
to  his  Excellency's  words  with  feelings  of  sickening  despair, 
and  turned  away  to  wallow  in  the  mire  of  crime  and  hopeless 
depravity.  There  were  those  among  them  who  would  have 
hailed  a  single  word  of  kindness  with  grateful  hearts.  It 
would  have  lightened  the  heavy  load  that  weighed  upon  their 
spirits,  and  strengthened  their  wavering  resolutions  to  aban- 
don crime.  I  asked  myself,  can  it  indeed  be  possible  that 
his  Excellency's  heart  is  so  hardened  that  he  only  thinks  of 
punishment  to  these  fallen  men] — and  if  this  is  the  governor, 
what  will  his  subordinates  prove  to  be?  Alas !  poor  prisoner ! 
18 


274 


VOTES  OF  AN  EXILE,  ON  CANADA, 


poor  convict !  Thou  art  indeed  lost ;  not  only  in  this  world, 
but  tliy  eternal  doom  is  sealed,  unless  the  arm  of  Omnipotence 
is  stretched  forth  to  arrest  thee  hi  thy  downward  course  to 
the  regions  of  eternal  death. 

His  Excellency's  address  to,  or  rather  abuse  of.  myself  and 
comrades,  requires  no  comment.  How  her  Majesty's  advisers 
(•amc  to  recommend  the  ap])oiiitment  of  such  an  old  woman 
to  the  office  which  he  held,  k  one  of  those  diflicult  enigmas 
which  the  acting  parlies  alone  can  solve.  From  what  fell 
from  his  lips  after  the  Wmi  eHervescence  of  trumjjcry,  I  was 
inclined  to  regard  him  in  the  light  of  an  honest  man,  at  least; 
and  indulged  the  most  sanguine  hopes  that  our  treatment 
would  accord  with  his  professions.  Wc  shall  see,  however, 
that  he  was  acting  the  part  of  a  consummate  hypocrite  ;  and, 
I  have  no  doubt,  in  consequence  of  an  invisteratc  malice 
against  ./Imerkans.  Strange,  that  even  a  nephew  of  our 
immortal  Benjamin  Franklin,  could  have  been  so  destitute  of 
honorable  feehngs  and  pnncii)les.  The  only  solution  to  the 
mystery  is,  that  his  father  was  as  great  a  tory  in  '70  as  his 
brother  was  a  republican.  ITis  Excellency  no  doubt  felt  it 
it  his  duty  to  atone  for  the  heinous  sins  of  his  "uncle  Ben," 
by  tyranizing  over  '-uncle  Ben's"  countrymen. 

At  night  the  Canton  men  were  quartered  in  an  old  barn 
near  the  barracks.  Vermin  of  every  descrij)tion  were  com- 
mon, and  I  generally  passed  our  slee])ing  hours  in  real  or 
imaginary  battles  with  these  enemies  to  rest.  Who  that  has 
ever  engaged  in  deadly  combat  with  a  Jlea,  or  peradvcnture 
a  louse,  will  not  envy  me  the  happiness  I  experienced  in  these 
nightly  engagements,  when  thousands  of  demons  beset  me? 
Thrilling  scenes  those,  kind  reader.  Shouldst  thou  ever 
chance  in  thy  peregrinations  in  search  of  pleasure,  to  fall  in 
company  with  these  vicious  creatures,  my  advice  to  thee  is, 
run;  flee  for  thy  life;  never  think  of  contesting  the  field,  for 
if  thou  art  not  slain,  they  will  wound  thee  in  ten  thousand  pla- 
ces. This  glorious  privilege,  however,  was  not  allowed  me; 
and  I  was  obliged  to  fight  or  die.  Many  a  time  have  I  ex- 
claimed in  the  language  of  Samson,  "  heaps  upon  heaps,  heaps 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


275 


upon  heaps  have  I  slain,"  but  never  found  the  number  of  the 
living  perceptibly  diminished. 

The  second  day  at"ter  landing,  the  men  were  all  soparatclv 
called  into  the  superintendent's  olFice,  and  notified  that  they 
would  be  re(iuired  to  serve  certain  j)erio(ls  of  })rub;ition  on 
the  roads,  according  to  their  respective  sentences.  Mvself 
and  comrades  \vere  informed  that  being  sentenced  to  Van 
Dieman's  Land  for  life,  we  must  serve  two  yeaj-s  of  this 
horrid  slavery,  before  any  indulgence  whatever  would  be 
gi-anted  us.  I  in(iuired  if  his  Excellency's  })romise,  made  onlv 
the  day  previous,  had  been  forgotten;  and  was  informed  bv 
Mr.  Gunn,  that  this  notice  was  only  formal,  and  would  not  be 
enforced  unless  the  governor,  after  due  consideration  of  our 
cases,  should  feci  it  his  duty  to  treat  us  with  severity.  lie 
also  added  that  there  was  little  doubt  that  the  liberty  of  the 
island  would  be  granted  us  upon  certain  conditions,  on  account 
of  our  l)eing  state  prisoners,  and  the  circumstance  of  no 
orders  with  reference  to  our  treatment  having  accompanied 
us  from  England.  I  intimated  very  plainly  in  reply,  that  1 
could  but  consider  any  attempt  to  reduce  us  to  a  state  of  felo- 
ny as  a  flagrant  violation  of  justice. 

The  next  morning  all  of  the  English  prisoners  were  sent 
out  to  labor  on  the  roads;  but  we  were  told  at  the  same  time, 
that  no  work  would  be  required  of  us  at  present;  and  that  we 
had  nothing  to  do  but  I'cmain  in  the  barracks  and  pass  our 
time  as  we  thought  proper.  I  lost  no  time  in  drawing  up  a 
memorial  to  the  governor,  in  which  I  urn:*^  (i  our  claims  to  libe- 
ral treatment;  stating  at  the  same  time,  taat  if  our  conduct 
did  not  prove  exemplary  in  every  particular,  we  would  not 
complain  at  the  deprivation  of  the  indulgence  we  abused.  I 
also  wrote  to  Mr.  Lawrence,  member  of  the  Legislative  Coun- 
cil, who  resided  at  Laurenston,  on  the  opposite  side  of  the 
island,  enclosmg  a  letter  of  introduction  from  Mr.  Hume,  and 
soliciting  his  influence  in  our  behalf. 

On  Sabbath  morning  the  prisoners  in  the  barracks  were  all 
mustered  and  required  to  attend  divine  service.     The  Catho- 
lics, about  two  hundred  in  number,  were  marched  under  the 
harge  of  constables;  to  the  Catholic  church  in  the  town.^- 


276 


NOTES  OF  AN  EXILE,  ON  CANADA^ 


The  Protestants  attended  the  church  I  have  already  noticed  at 
standing  at  one  end  of  the  barrack  yard.  I  felt  not  a  little 
anxious  to  sec  if  tiic  one  day  in  seven  was  made  a  blessing ; 
or,  like  the  other  six,  a  curse  to  the  poor  prisoner.  Surely, 
thought  I,  the  clergyman  will  say  something-  about  reforma- 
tion to  the  prisoners,  if  the  governor  did  not;  surely  in  going 
to  church  these  poor  men  take  one  step  at  least  toward  hea- 
ven; in  that  sacred  building  I  shall  see  one  good  man,  hear  a 
voice  of  kindness  and  listen  to  words  of  love;  the  wicked  will 
for  a  few  hours  cease  from  troubling;  the  moutii  of  the  blas- 
phemer will  be  stopped;  there  will  be  peace  and  rest  to  my 
spirit,  and  I  may  taste  of  the  bread  of  eternal  life;  for  there 
will  be  "a  feast  of  fat  things;  of  wine  on  the  lees;  of  fat  things 
well  refined."  I  thanked  God  in  my  heart,  that  although  in  a 
land  of  crime,  I  was  not  beyond  the  pale  of  Christianity,  and 
that  the  holy  Sabbath  day  was  here  remembered.  But  was 
it  indeed  the  house  of  God,  and  the  gate  of  heaven  ]  O,  thou 
Eternal  Spirit!  who  hast  proclaimed  thyself  gracious  and  mer- 
ciful to  sinful,  erring  man, — forgive  what  thy  pure  eye  saw 
amiss  within  the  walls  of  that  temple  called  by  thy  name. 
Thou  art  indeed  "long  suffering  and  slow  to  anger,"  else  had 
the  earth  opened  and  swallowed  up  that  sinful  congregation. 
The  four  Canadians  were  permitted  to  go  in  before  the  others, 
but  in  a  few  moments  there  was  a  rush,  and  a  scene  which 
baffles  description,  and  which  I  still  shudder  to  contemplate. 
Those  who  wore  no  irons  were  first,  and  as  they  came  pour- 
ing in,  pushing,  pulling  and  crowding  each  other,  horrid  blas- 
phemy and  abominable  obscenity  made  the  building  ring. — 
Then  came  the  chain  gang,  about  five  hundred  in  number, 
and  such  rattling  of  chains,  such  sounds  of  hell !  I  pressed 
my  hands  upon  my  ears  and  exclaimed  to  myself,  "O,  God! 
is  this  thy  house,  where  sinners  are  to  be  taught  to  flee  from 
the  wrath  to  come — thy  praises  sung — thy  blessing  invoked 
— thy  holy  name  called  upon?  The  prisoners  were  seated  in 
two  large  wings  of  the  building,  one  on  the  right  and  the 
other  on  the  left  of  the  pulpit,  or  desk,  in  front  of  which  was 
a  third  wing,  used  by  the  inhabitants  of  the  town,  who  were 
hidden  from  our  sight  by  a  large  screen.     When  the  clergy- 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


277 


)ticcd  a.' 

a  little 

•lessiriff ; 

Surely, 

cforrna- 
n  going 
rd  hca- 
,  hear  a 
kcd  will 
be  bias- 
to  my 
)r  there 
t  things 
igh  in  a 
ty,  and 
Jut  was 
0,  thou 
id  mer- 
ye  saw 

name. 

se  had 
gation. 
others, 

which 
nplate. 

pour- 
d  bias- 
ing.— 
jmber, 
ressed 

God! 

from 
voked 
ited  in 
id  the 
h  was 

were 
«rgy- 


nian  made  his  appearance  the  noise  subsided  to  a  low  hum 
of  voices,  arnounting  to  a  perfect  jargon  of  oaths  and  curses; 
but  which,  hovvc  er  was  so  loud  mu(rli  of  the  time  as  to  drown 
the  reverend  gcntioman's  voice,  lie  was  an  elderly  man,  and 
1  remarked  that  his  countenance  did  not  indicate  his  sacred 
calling;  and  spoke  not  the  spirit  of  the  meek  and  jnwly  Josns. 
He  read  the  service  as  if  it  were  a  disii^nieablc  ami  dis^iistinii 
task;  and  his  sermon  was  a  dry  discinisition  upon  one  or  two 
imaginary  metapiiysical  points,  of  no  consefiucnce  to  his  hear- 
ers either  in  tjiis  or  tiie  other  world.  He  kept  iiis  eyes  con- 
stantly fixed  upon  the  screen,  behind  whirji  s.it  the  g'td  he 
worshipped;  for  during  th(;  whole  service  I  did  not  once  see 
him  turn  to  iiis  convi(;t  hearers,  or  address  a  single  word  of 
exhortation  to  them.  The  wiiole  appeared  to  nie  to  be  a 
solemn  mof^kery,  too  dnuidfiil  for  reflection  —  too  horrid  to  be 
endured.  On  looking  al)out  m(?,  I  could  not  discover  more 
than  twelve,  among  twelve  ImndnMl  prIson(n's,  who  appeared 
to  be  taking  any  noti(;e  of  the  service.  Some  were  spinning 
yarns,  some  ])laying  at  pitch-and-foss,  some  gambling  with 
cards;  several  were  crawling  about  nnderneath  the  benches, 
selling  candy,  tol)acco,  6cc.,  and  one  fellow  carried  a  bottle  of 
rum,  which  he  was  serving  out  in  small  quantities  to  those 
who  had  an  English  six])ence  to  give  f"or  a  small  wine-glass 
full.  Disputes  occasionally  arose  which  ended  in  a  blow  or 
kick;  but  in  these  eases  the  constables,  who  wei'c  ])i'escnt  to 
maintain  order,  generally  f;lt  called  upon  to  interfere.  If 
anv  resistance  was  offered  to  their  authorilv  the  culpi'it  was 
seized  by  the  arms  and  collar,  foiribly  dragged  out  of  church, 
and  thrust  into  the  cells  beneath,  there  to  await  trial  and  sum- 
mary punishment  on  the  morrow.  When  the  service  was 
concluded,  another  rush  took  ])lace,  and  shouts  and  songs 
commenced.  This,  ]-eadei',  was  the  boasted  reformation  of 
the  convict!  The  people  of  England  are  told  that  their  fidlen 
countrymen  are  sent  hei'c  to  be  won,  by  judicious  treatment 
and  christian  advice,  from  their  evil  ways;  that  they  may  be 
restored  to  usefulness  in  this  world,  and  their  happiness  secur- 
ed in  the  next.  But,  alas!  there  is  no  road  from  Van  Die- 
man's  land  to  heaven,  while  a  thousand  lead  downward  to  the 


278 


jrOTES  OF  AN  EXILR,  ON  CANADA, 


If! 


li   r 
1 1 


regions  of  eternal  death.  Should  this  book  ever  fall  into  the 
hands  of  ahy  who  arc  entrusted  with  th  reformation  of  the 
prisoner  in  that  ili-r;itcd  colony,  let  them  read  and  ponder; 
for  the  time  is  romini;  wlicii  tiiey  must  render  an  account  of 
their  stewardship  to  Jlim  who  is  no  resi)ecter  of  persons. — 
Will  not  tiie  convict,  whom  they  despise,  rise  up  in  judgment 
to  condemn  thtMn? 

On  tlie  follovviii;:^;  day  a  constable  informed  rae,  in  a  very 
bland  tone  oi"  voice,  that  ''the  priiici])al  superintendent 
wished  parlicularly  to  see  me  in  his  ofiiec,  if  I  was  not  other- 
wise engaged."  I  iiiunediately  waited  upon  that  gentleman, 
wondering"  wliat  had  occurred  to  call  forth  all  this  condescen- 
sion, and  was  tluis  addressed  :  "Ah,  Mr.  Miller,  how  is  your 
health  this  morning?  I  trust  our  climate  will  agree  with 
you,  for  it  is  the  fmest  in  the  world.  I  doubt  not  you  will 
be  enabled  to  enjoy  yourself  during;  your  stay  in  this  delight- 
ful island.  I  do  wish  you  coukl  nuike  up  your  mind  to  settle 
here.  We  want  such  young  men  an  yourself  and  compan- 
ions. There  is  a  fine  o])portunity  for  usefulness,  and  if  you 
would  only  give  up  your  republican  notions,  you  would 
stand  a  capital  chance  of  succeeding  in  almost  any  branch  of 
business.  By  the  by,  a  desire  to  serve  you  pron^jted  me  to 
send  for  you  this  morning.  I  know  that  you  Americans 
detest  idleness,  and  thought  you  would  deem  it  a  privilege 
to  do  some  trifling  labor  for  exercise.  Now,  the  overseer  of 
the  barrack'yard  wants  a  little  help  for  about  half  an  hour  in 
the  morning,  in  sweeping,  &c.  If  it  is  any  privilege,  you 
Canadians  can  lend  him  a  hand.  The  service  will  be  per- 
fectly voluntary  on  your  part,  and  as  the  governor  has  his 
eye  upon  you,  it  may  influence  him  in  his  decision  upon  your 
cases.  When  he  hears  you  are  industrious,  which  I  shall 
certainly  report  to  him,  for  I  ;  'ish  to  serve  you,  he  will 
doubtless  reason  that  industrious  and  steady  young  men,  like 
yourselves,  are  not  likely  to  become  a  burden  to  the  colony, 
and  feel  no  hesitation  in  granting  you  the  liberty  of  the 
island.  You  can  talk  with  your  comrades  upon  the  subject, 
and  act  as  you  think  proper.  My  advice,  however,  would 
be  to  do  as  I  have  proposed." 


EMGLAND  AlfD  VAN  DIRMAN's  LAND. 


279 


After  a  long  debate  upon  Mr.  Gunn^s  proposition,  we 
determined,  inasmuch  as  it  was  voluntary,  to  take  half  an 
hour's  exercise  every  morning  at  swce|)ing;  but  alas,  this  was 
a  fatal  error;  for  Mr.  (j.  was  only  trying;  the  yoke  upon  our 
necks  to  sec  how  it  would  fii.  Had  we  only  rcfuscil  to 
perform  any  labor  whatever,  I  douht  not  it  would  have  saved 
us  years  of  slavery;  for  evrn  the  tyrant  Franklin  would  have 
hesitated  hcloie  usinjj;  compulsory  measures  to  compel  >tate 
prisoners  to  labor  as  felons.  It  would  not  sound  well  in  the 
[)ublic  papers  of  (Ircat  Ikitain;  but  if  we  could  be  coaxed 
and  deceived  to  shoulder  the  burden  ouiselves,  all  dilliculty 
in  the  matter  would  be  at  an  end,  and  they  could  by  degrees 
force  us  into  absolute  slavery. 

"ller(;  are  some  brooms,"  said  the  overseer  of  tiic  yard, 
as  he  threw  down  half  a  do/en  articles  of  iliat  description 
before  us.  ^'This  is  a  ^nod  one,''  he  continued,  oileriu'^  one 
to  me.  "I  understand  you  will  assist  in  sweepiiin;  the  yard: 
it  is  mere  nothin<j^  —  just  half  an  hour's  exercise ;  will  do  you 

good,  and ."     What  he  would  have  ad<led  I  cared  not, 

for  dislikin*];  his  ajipearance,  aiul  the  air  of  familiarity  he  as- 
sumed, cut  it  short  by  saying',  "This  half  hour's  exercise,  as 
you  term  it,  is  voluntary  on  our  part?  there  is  to  b(3  no  com- 
pulsion. As  to  sweepint^,  you  must  give  me  some  instruc- 
tions, as  I  was  never  bound  apprentice  to  a  sirccp.^^  Here 
the   fellow   turned   his  back  \\\nn\    me,   and   muttered,  "the 

d Yankee  7i////-</?Tt^cr/"     He  was,  according  to  his  own 

account  of  himself,  a  desperate  fellow  ;  had  bcjen  a  prisoner 
in  the  colony  sevcnicen  ycarsj  during  wliich  period  he  had 
always  been  in  trouble,  and  at  least  nine-tenths  ot  the  time 
in  chains.  Robbing,  thieving,  house-breaking,  &c.,  were 
crimes  for  which  he  had  been  repeatedly  tried  aiul  punished; 
but  he  had  lately  resolved  to  leave  oil"  such  conduct,  and 
Mr.  Gunn  had  promised  also  to  stand  his  friend,  and  placed 
him  in  his  present  situation  as  an  earnest  of  the  future.  If 
crime  was  ever  stamped  upon  the  human  face  divine,  ih'is 
man's  features  bespoke  the  villain.  Depraved,  debased,  he 
looked  the  demon,  acted  the  devil,  and  spoke  the  hardened 
wretch  in  whose  breast  every  ennobling  quality  was  forever 


! 


280 


NOTES  OF  AN  EXILE,  ON  CANADA, 


annihilated.  Low,  vile,  blasphemous  language  poured  forth 
like  a  stream  of  lava  from  the  crater  of  Vesuvius,  whenever 
he  opened  his  mouth  to  speak.  And  this  man  was  our  first 
overseer  in  the  land  of  Nod !  Had  I  known  the  truth,  there 
would  have  been  some  flogging  before  I  had  taken  a  broom 
in  my  hand.  The  fellow  for  the  first  day  or  two  was  mon- 
strous kind,  for  he  was  constantly  singing  out,  "  I  say,  mate, 
look  and  see  how  I  sweep  ;  this  is  the  way  to  do  it,"  fetch- 
ing an  extra  flourish  with  his  broom — "  you  will  soon  learn 

to  use  a  broom  as  well  as  a  quill,  by !  you  are  going  it 

capital !  my  bloody  eyes  !  how  quick  you  learn  !"  &,c.  But 
soon  there  was  a  little  dirt  which  required  to  be  wheeled,  a 
few  tubs  to  be  emptied,  and  lastly,  half  a  dozen  wards  to  be 
cleaned,  so  that  the  half  hour's  exercise  soon  amounted  to 
more  than /m//"  a  (ia^.  This  last  business  of  emptying  tubs 
and  cleaning  wards,  I  soon  O'Jclined  ;  for  I  caught  our  wor- 
thy overseer  ^jw^/in^«iyay'  (eating)  what  he  called  *'a  bloody 
good  feed,"  which  he  had  obtained  Irom  the  wardsman 
whose  dirty  work  we  were  pi;rforming.  This  made  the 
wretch  angry,  and  ever  afterwards  there  was  no  epithet  in 
his  vocabulary  too  good  for  me.  Grant,  Gemmell  and 
Beemer  continued  to  be  "  good  coveys,"  and  our  overseer 
made  a  fine  billet  of  it.  Tlie  wardsmen,  who  had  nothing 
to  do  but  keep  their  respective  departments  in  order,  got  all 
their  hard  labor  performed  by  gorging  the  scoundrel  with  a 
^^  good  tucker,^^  as  it  was  called,  but  seldom  indeed  did  my 
comrades  get  a  morsel  of  the  savory  dishes  upon  which  he 
regularly  dined.  The  week  passed  away  without  any 
change  except  the  growing  insolence  of  the  overseer,  and 
the  gradual  increase  of  our  labor.  They  were  constantly 
drawing  the  cords  tighter,  and  soon  instead  of  being  asked, 
we  were  ordered  to  do  this  and  that  piece  of  work,  by  Mr. 
Gunn,  as  though  we  were  already  English  slaves. 

Sunday  again  came,  and  after  the  men  were  mustered  for 
church,  our  overseer  ordered  the  four  Canadians  to  remain, 
as  the  English  prisoners  were  marched  off.  '*  Get  your 
brooms,"  said  he,  "  and  sweep  the  yard."  My  comrades 
obeyed,  but  I  stood  my  ground.     Bad  as  the  church  was,  I 


. 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


281 


all 
1  a 


tly 
3d, 


or 
n. 


preferred  breaking  the  Sabbath  by  going  there,  to  sweeping 
the  yard,  and  the  following  altercation  took  place  : 
"  Why  don't  you  go  for  your  broom  1" 
"  I  shall  not  take  any  half-hour's  exercise  to-day." 
*'  The  devil  you  wont!" 
"  Certainly  not.     It  is  the  Sabbath  day,  and  I  can  not." 

*' But  you  shall,  though,  by !     I  will  get  you  Hogged 

if  you  don't  get  your  broom  at  once." 

*'  It  is  needless  to  talk  upon  the  subject,  for  1  shall  not." 
**  You  will   ollend   Mr.  Gunn,  who  is  your  friend,  it  vou 
don't." 

*'  I  shall  offend  my  God,  who  is  greater  than  Mr.  Gunn,  if 
I  do." 

"  God  Almighty  is  nothing  here  compared  with  Mr.  Gunn. 
Holloa!  there,  send  a  constable,"  shouted  the  overseer. 
The  constable  came,  and  another  dialogue  similar  to  the  first 
onsued,  which  endeil  in  my  being  ordereii  to  the  cells.  I  led 
the  way,  and  the  door  being  open,  walked  in.  It  was  a 
horrid  hole,  about  eight  feet  long,  three  and  a  half  feet  wide, 
and  four  feet  in  height.  There  was  no  lloor,  but  the  mud 
and  lillli  were  more  than  twelve  inches  in  depiii.  No  nui- 
sance tub  was  allowed  the  ])Oor  wretches  conlined  there,  and 
sotnetimcs  seven  or  eight  were  thrust  in  at  a  time,  to  remain 
from  one  to  three  days.  No  language  can  describe  this 
dreadful  place.  I  afterwards  assistetl  in  cleaning  out  the  same 
cell,  and  thirteen  barrow-loads  of  lilth  were  wheeled  away 
from  it  alone.  Sui;h  was  the  place  into  which  I  was  ordered, 
for  refusing  to  sweep  the  yard  on  the  Sabbath  day.  They 
closed  the  door  alter  me  and  talked  to<Tother  for  a  few  min- 
utes  outside,  when  the  constable  incpiired  if  I  would  work, 
provided  they  would  overlook  my  otl'ense  and  not  report  it 
to  Mr.  Gunn,  who  would  certainly  Hog  me.  "  Fifty  lashes," 
said  he,  "  is  the  least  punishnieat  he  ever  inllicts  for  such  a 
crime."  "I  shall  remain  here  and  take  the  flogging,"  I 
replied.     The  door,  however,  was  re-opened,  and  I  ordered 

out.     *' Now,"  said  they,  *'go  to  church  and  he  d to 

you  ;  but  depend  on  a  flogging  in  the  morning  ;"  and  I  went 
to  church. 


282 


NOTES  OF  AN  EXILE,  ON  CANADA, 


The  next  morning  I  was  duly  summoned  to  appear  before 
that  great  man,  of  whom  the  overseer  said  that  the  Almighty 
was  nobody  in  comparison.  The  overseer  and  constable 
were  there  before  me. 

*<I  understand  you  refused  to  sweep  the  yard,  yesterday," 
said  Mr.  Gunn. 

"I  did." 

"  For  which  you  are  liable  to  be  flogged.  Have  you  not 
read  the  rules  for  the  guidance  of  the  prisoners  here;  more 
particularly  with  reference  to  obeying  orders  ?" 

"I  have  read  the  Bible." 

"  You  are  a  prisoner,  and  must  obey  orders  or  be  pun- 
ished." 

"  I  am  a  man,  and  must  not  break  the  commandments  of 
the  great  Jehovah,  who  has  said,  '  Remember  that  thou 
keep  holy  the  Sabbath  day.     Six  days .'" 

"  That  will  do,"  interrupted  Mr.  Gunn  ;  "  I  understand 
my  catechism." 

"  I  was  afraid  you  did  not." 

"Ycu  deserve  a  floo:Q;ino;." 

"  For  not  working  Sunday  1" 


*'  For  beinof  d- 


?aucy 


jj 


"  I  am  not  aware  that  I  have  given  occasion  for  the  use  of 
any  oaths." 

^'  Your  American  independence  will  not  do  here.  You 
are  in  a  penal  colony,  and  you  shall  obey  orders  or  be 
flofTGfed." 

"  I  am  sensible  of  being  in  Van  Dieman's  Land,  and  in 
bondage,  too;  and  it  appears  there  is  no  Sabbath,  no  Bible, 
no  God  here.  Only  one  week  since,  and  you  told  me  it 
■was  entirely  discretionary,  with  myself  and  comrades,  to 
work  or  let  it  alone.  Now,  it  would  seem,  we  are  held  as 
slaves,  and  required  to  do  the  bidding  of  a  depraved  wretch, 
against  God  and  religion.  [Here  the  overseer,  to  whom  I 
referred,  interrupted  me,  exclaiming,  'Me  a  wretch!  he 
said  yesterday,  sir,  that  he  didn't  care  for  you,  sir,  not  half 
80  much  as  for  God  Almighty,  sir.  If  you  only  knowed,  sir, 
how  he  talked  about  you,  sir,  you'd  flog  him  at  once,  sir.'} 


ENGLAND  AND  VAN  DIEMAN^S  LAND. 


28? 


I  ^m  in  your  power ;  flog  me  to  death  if  you  think  proper;. 
I  will  never  work  on  the  Sabbath  day  ;  but  remember,  sir, 
if  you  fear  not  God,  that  you  have  superiors,  if  not  here,  in 
Great  Britain,  who  shall  hear  of  this,  and  who  will  not,  nay, 
dare  not,  attempt  to  justify  your  conduct.  Is  it  possible  that 
a  magistrate,  and  the  principal  superintendent  of  convicts  in 
this  colony,  will  sit  in  judgment  upon,  and  condemn  a  man, 
for  refusing  to  break  the  commandments  of  God  1  Much  as 
I  dislike  a  flogging,  I  shall  glory  in  it  for  such  a  cause.  It 
will  cost  me  pain,  but  not  disgrace." 

"Overseer,"  said  Mr.  Gunn,  fiddressing  that  worthy  func- 
tionary, "never  ask  this  man  to  work  again  on  the  Sabbath 
day,  and  never  show  your  face  here  again  with  any  complaint 
against  him."  Turning  to  me,  he  said,  "  So  long  as  your 
conduct  continues  good,  you  will  lind  me  your  friend. 
Always  act  conscientiously,  and  you  need  not  fear  any  thing 
in  Van  Diemau's  Land."  After  this  I  went  regularly  to 
church,  but  my  comrades  were  always  required  to  get  their 
brooms  and  sweep  the  yard. 

From  twenty  to  thirty  prisoners  were  daily  arraigned  for 
trial  before  Mr.  Gunn.  Their  olfenses  were,  in  general,  a 
breach  of  the  probation  regulations,  idleness,  impertinence 
to  overseers,  disobedience  of  orders,  absconding,  petty  theft, 
&c.,  &c.  Olfenses  of  a  more  serious  nature  were  tried  in 
the  higher  courts.  Of  those  convicted,  from  five  to  ten  were 
daily  ilogged,  while  others  were  sentenced  to  seven,  ten, 
fourteen,  and  occasionally  twent)-one  days'  solitary  confine- 
ment in  cells  similar  to  the  one  already  described,  where 
tliey  were  allowed  a  pound  of  bread  and  a  pint  of  water, 
daily.  Many  were  also  sent  to  the  treadmill,  and  not  a  few 
to  Port  Arthur.  A  llagellator  was  appointed  for  the  express 
purpose  of  inflicting  corporeal  punishment,  and  the  scenes 
enacted  at  the  triangles  were  most  revolting.  Two-dozen 
lashes,  which  was  considered  a  light  sentence,  always  left 
the  victim's  back  a  complete  jelly  of  l^ruised  flesh  and  con- 
gealed blood.  A  pool  of  blood  and  pieces  of  flesh  are  no 
uncommon  sight  at  the  triangles  after  a  dozen  have  been 
flogged.     The  cry  of  "  murder !''  and  "  oh,  my  God !"  wer* 


284 


NOTES  OF  AN  EXILE,  ON  CANADA, 


not  unfrequently  repeated  by  the  sufferer  during  the  inflic- 
tion of  the  punishment,  loud  enough  to  have  been  heard  a 
mile;  while  others  of  more  nerve  would  clench  their  teeth, 
and  endure  all  without  even  a  groan.  Some  idea  of  this 
inhuman  punishment  may  be  formed  from  the  fact  that  the 
sound  of  the  blows  upon  the  naked  back  of  the  sufferer  may 
be  heard  at  the  distance  of  one  hundred  rods.  Many  faint 
while  undergoing  th'i  torture,  and  some  are  carried  from  the 
triangles  to  the  hospital,  where  they  pine  awhile  and  die. 

The  daily  rations  allowed  to  the  prisoners  is,  for  break- 
fast and  supper  a  pint  of  skilly  and  six  ounces  of  coarse 
bread;  for  dinner,  twelve  ounces  of  fresh  meat  and  eight  of 
salt,  one  half  pound  of  vegetables  made  into  soup,  and  a 
pound  of  bread.  The  meat  is  always  of  the  poorest  quality, 
and  as  it  passes  through  many  dishonest  hands,  but  a  small 
portion  of  it  reaches  the  men.  I  have  no  hesitation  in 
asserting  that  at  least  one  half  of  the  crimes  committed  by 
the  prisoners,  and  for  which  they  are  so  severely  punished, 
may  be  attributed  to  the  insufficiency  of  their  rations.  A 
craving  appetite  brings  many  a  poor  fellow  to  the  triangles, 
and  I  am  perhaps  justified  in  adding,  the  gallows. 

After  spending  a  year  or  two  in  the  colony,  the  prisoners 
become  such  adepts  in  crime,  that  it  is  with  the  greatest  dif- 
ficulty they  are  detected  and  brought  to  justice.  They 
league  together  under  a  systematic  plan,  in  which  they  are 
aided  by  a  vulgar  language  of  their  own,  and  plunder  what- 
ever comes  in  their  way,  too  often  with  impunity.  Drunk- 
enness is  a  common  vice,  and  with  their  dishonest  gains 
they  find  no  difficulty  in  indulging  in  it.  Nothing  is  more 
common  than  gambling.  I  have  seen  from  twenty  to  three 
hundred  dollars  won  at  a  single  stake,  by  the  old  hands,  in 
the  mess  room  which  I  have  described.  Many  of  the  mo- 
nied  characters  never  dream  of  eating  the  rations  allowed  by 
government,  but  live  on  the  fat  of  the  land.  A  single  penny 
would  always  bribe  the  gate-keeper  to  let  in  a  "  swag"  of 
provisions.  The  success  of  these  hardened  prisoners  often 
tempts  the  new  hands  to  early  practice  in  crime.  In  the 
whole  system  pursued  in  the  barracks,  both  by  the  prison- 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


285 


by 

of 
ten 
he 


ers  and  those  in  authority,  I  could  never  discover   a  single 
redeeming  feature.     Every  thing  was  calculated  to  harden 
the  hearts  of  the  former,  and  insure  their  perseverence  in  a 
downward  course.     Mr.  Gunn  was,  perhaps,  as  good  a  man 
as  could  have  been  found,  for  his  situation ;  but  the  system 
w^as  such  as  must  nee.  ssarily  produce  the  fruits  I  have  de- 
scribed.    This  gentleman  owed  his  office  to  the  following 
singular  event :     Many   years   since   he  was  a  subordinate 
officer  in  the  British  army,  at  which  time   fourteen  bush- 
rangers, all  Irish  convicts,  headed  by  a  brave  fellow  called 
Brady,  kept  the  whole  island  in  constant  uproar  and  alarm 
for  several  years.     Being  W-ell  mounted,  and  armed  to  the 
teeth,  they  roamed  over  the  country  with  impunity,  robbing 
and  sometimes  murdering  the  inhabitants.     Settlers  who  ill- 
treated  their  convict  servants  were  generally  the  objecrts  of 
their  vengeance ;  and  many  a  master  was  tied  up  to  a  tree, 
and  his  servants  whom  he  had  flogged,  made   to  give  him  an 
equal  number  of  lashes  in  reiurn.     If  any   reluctance  was 
shown  on  the  part  of   the    abused  convict  to  redress  his 
wrongs,  Brady   would  himself  turn  flagellator.     Upon  one 
occasion  they  suddenly  rode  into  Hobart  Town,  in  open  day, 
put  up  their   horsbs  at  the  first  tavern,  called   for  dinner, 
played  half  an  hour  at  billiards,  traded  at  some  of  the  prin- 
cipal stores,  paid  their  respects  to  some  of  the  first  ladies 
and  gentlemen  of  the  place,  and  rode  off  without  being  mo- 
lested ;  so  great  a  panic  did  their  presence   create.      Large 
rewards  were  offered  by  government  for  their  heads,  without, 
however,  the  desired  effect;  while  many  who  went  in  pur- 
suit of  them  lost  their  lives'.     They  were  tit  length  surprised 
by  a  party  of  military  and  soldiers,  headed   by  Mr.  Gunn, 
and  nearly  all  either  killed  or  captured.     During  the  engage- 
ment Mr.  G.  lost  an  arm,  from  a  shot  by  Brady,  who  gener- 
ously fired  at  that  limb  instead  of  shooting  him  through  the 
heart  or  head,  as  he  might  have  done  had  he  been  disposed. 
Brady  and  his  comrades  were  hung,  and  Mr.  Gunn  promoted 
to  the  important  station  he  has  since  held.     He  is  a  man  of 
extraordinary  mental  powers.     He  has  only  to  se§  a  prisoner 
once,  to  be  able  to  detect  him  in  almost  any  disguise  for 


286 


NOTEfl  OF  AN  EXILE,  ON  CANADA, 


years  afterwards.  It  is  said  he  can  call  every  prisoner  in 
Van  Dieman's  Land  by  name,  when  he  meets  them,  tell  the 
name  of  the  ship  in  which  they  arrived,  the  year  and  day, 
their  original  sentences,  additional  sentences  received  in  the 
colony,  &c.  &c.;  in  short,  that  he  never  forgets  any  thing. 


CHAPTER   XXII. 

The  Canadians  doomed  to  Slavery. — Tlie  Reward  of  Treachery. — The  Road  Party. 
—  Tlie  Billet.  —  Mental  Sun'eriiigs.— The  "  Euffiiio."— Beemer  is  sent  to  Port 
Arthur.  —  Interesting  lueideut. — <jiemm«ll  up  the  Chimney.  —  Th«  Overseer 
Caught. — A  Smash. 

We  had  been  in  Van  Dieman's  Land  four  weeks,  when 
an  answer  was  received  to  our  petition,  which  stated  that 
^*  his  Excellency,  the  Lieutenant  Governor,  after  due  consid- 
eration of  our  cases,  could  see  no  sufficient  reason  for  treat- 
ing us  differently  from  prisoners  sent  here  for  other  offenses;" 
and  an  order  accompanied  the  notice  for  our  immediate  re- 
moval to  the  Brown's  River  Road  Station,  distant  seven 
miles  from  Hobart  Town.  Beemer  was  left  behind,  and 
immediately  installed  into  the  office  and  emoluments  of 
constable,  for  his  treachery  on  board  the  "Captain  Ross." 
The  reader  .can  make  his  own  comments  upon  the  conduct 
of  the  governor. 

Here,  then,  was  an  end  to  all  hope.  We  felt  that  our 
only  chance  now  was  to  escape  from  the  island.  This, 
indeed,  had  been  my  determination  from  the  first,  and  I  was 
on  the  lookout  for  a  favorable  opportunity; but,  alas!  I  little 
knew  what  obstacles  were^n  the  way.  After  receiving  each 
a  new  suit  which  was  (with  the  exception  of  shoes,  of  which 
three  pairs  were  allowed  yearly)  to  last  us  six  months, 
we  were  conducted  by  a  constable  to  our  new  home.  The 
station  was  situated  on  the  side  of  a  hill,  about  three  hun- 
dred feet  above  and  three  fourths  of  a  mile  distant  from  the 
Derwent.     Two  acres  of  land  had  been  cleared,  and  two 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


287 


r 


huts  erected,  one  for  the  overseer,  the  other  for  the  men. 
The  former  was  barely  habitable,  but  the  latter  was  scjircely 
any  protection  against  either  cold  or  wet  weather,     A  large 
fire-place,  similar  to  the  American  back-woods  fashion,  was 
in  one  end  ot  the  hut,  the  chimney  to  which  was  little  more 
than  an  opening  through  the  roof.     There  were  only  forty 
men  at  the  station  when  we  arrived,  most  of  whom  were 
probationers.      From  daylight  to   dark  were  the  working 
hours,  with  the  exception  ol  half  an  hour  for  breakfast  and 
dinner.     The  employment  consisted  chielly  in  felling  trees, 
cutting  and  carrying  spars  to  the  station.     These  were  from 
twelve  to  thirty  feet  in  length,  and  from  ten  to  eight^'en 
inches  in  diameter.     They  were  carried  upon  the  shoulders 
of  the  men  through  the  thick  underbrush,  from  fifty  to  two 
hundred  rods.      This  was  exceedingly  hard  work,  as  the 
men  often  had  from  one  Imndred  to  two  hundred  and  fifty 
pounds  to  carry,  and  the  ground  was  very  rough  and  uneven. 
I  was  employed  in  this  manner  for  a  few  days,  but  the  over- 
seer was  kind  enough  to  change  my  occupation,  and  shortly 
afterwards  made  me  "watchman"  of  the  station.     This  was 
an  agreeable  change,  as  it  saved  me  from  the  performance  of 
any  hard  labor,  my  duty  being  to  keep  watch  on  the  outside 
of  the  hut,  during  the  night,  to  see  that  none  of  the  inmates 
got  out  to  rob  the  hen-roosts  and  potato-yards  of  the   sur- 
rounding inhabitants;  a  trick  which  they  ^yere  always  ready 
to  perform,  if  an  opportunity  occurred.     During  the  day  I 
could  sleep  or  not,  as  I  thought  proper.    To  describe  our 
mental  sufferings,   arising  from  constant  contact  with  the 
depraved  beings  among  whom  our  lot  was  cast,  would  be  a 
difficult  task.     A  sense  of  the  injustice  we  were  suffering  at 
the  hands  our  enemies  was  continually  burning  in  my  brain. 
"I  am  an  American  citizen — I  am  a  British  slave!"  were 
thoughts  which  I  could  not  banish  for  a  moment;  and,  but 
for  the  sinfulness  of  the  deed,  1  should  have  put  an  end  to 
my  existence  rather  than  endure  the  dreadful  reality.     In 
vain  did  I  strive,  during  those  long  nights  of  vigil,  to  forget 
what  I  was;  in  vain  did  I  gaze  upon  the  bright  and  beautiful 
stars  with  which  the  southern  heavens  are  studded,  to  ab- 


288 


NOT£S  OF  Air  EXILE,  ON  CANADA, 


stract  my  thoughts  from  the  subject;  and  not  until  I  turned 
my  eyes  upon  that  beautiful  constellation,  the  "Southern 
Cross,"  and  remembered  that  my  Savior  bore  His  cross  up 
Calvary,  could  I  become  in  the  least  reconciled  to  my  hard 
fate.  Then  would  I  shout  the  watchman's  call,  "All's 
well!" 

"Misery  likes  company,"  is  an  old  adage,  which  expe- 
rience, to  the  disgrace  of  human  nature  be  it  said,  but  sel- 
dom disproves.  Although  we  may  not  actually  feel  pleas- 
ure in  seeing  others  as  miserable  as  ourselves,  there  is  some- 
thing agreeable  in  the  circumstance  of  having  company  in 
adversity.  Let  not  those,  however,  who  have  never  drained 
the  cup  of  adversity,  despise  the  unfortunate  for  this  failing. 
None  but  a  fellow-sufferer  can  truly  sympathise  with  them, 
and  make  due  allowance  for  the  weaknesses  of  human 
nature.  Pity  may  indeed  be  awakened  in  the  breast  of  him 
who  is  a  stranger  to  affliction;  but  then  it  too  frequently 
begets  contempt.  The  desire  to  awaken  an  interest  in  the 
breasts  of  our  fellow  men,  is  a  weakness  common  to  our 
race ;  but  this  seems  a  wise  provision  of  nature  ;  for,  to  its 
effects  may  be  attributed  a  multiplicity  of  praiseworthy  ac- 
tions, which,  while  they  ameliorate  human  woe,  keep  alive 
and  cultivate  the  most  noble  principles  in  our  nature,  and 
form  the  basis  of  the  most  enduring  and  exalted  friendships. 

The  ship  "  Buffalo"  arrived  at  Hobart  Town  on  the  14th 
of  February,  with  one  hundred  and  fifty-seven  state  prison- 
ers, seventy-eight  of  whom  were  from  Upper  Canada,  and 
the  remainder  from  the  lower  province.  The  former  were 
landed  at  Sandy  Bay,  but  the  latter  were  conveyed  to  Sidney. 
The  reason  for  this  separation  was  thus  explained  by  Sir 
John  Franklin  :  "  The  French  Canadians  are  a  simple,  igno- 
rant people,  and  were  doubtless  made  the  dupes  of  others ; 
but  the  Upper  Canadians,  a  large  majority  of  whom  are 
American  sympathisers,  have  no  such  excuse,  and  I  shall 
keep  them  here  for  punishment."  Had  there  been  no  Amer- 
icans in  the  party,  his  Excellency's  desire  to  punish  would 
probably  have  been  less. 

Being  desirous  of  joining  my  countrymen,  I  applied  to 


ENGLAND  AND  VAN  DIEMAN'S  LAND. 


289 


and 


Mr.  Gunn  for  that  purpose,  but  he  advised  me  to  remain 
with  the  English  felons.  Upon  inquiring  his  reasons,  he 
said :  "  The  governor  has  determined  to  treat  them  with 
severity,  and  your  condition  will  be  far  better  where  you 
are."  "Good  heavens!"  I  exclaimed,  "is  it  possible  that 
Sir  John  Franklin  intends  making  their  condition  worse 
than  that  of  the  English  felons ] "  "I  know  from  his  own 
words  that  he  does,  and  I  advise  you,  as  a  friend,  to  keep 
yourself  as  distinct  from  them  as  possible.  I  am  your  friend, 
and  would  serve  you ;  but  if  you  are  with  your  countrymen, 
I  fear  I  shall  not  be  able  to  do  so." 

Reader,  the  character  of  Sir  John  Franklin  begins  to  ap- 
pear in  its  true  light.  This  representative  of  Victoria  was 
a  tyrant  in  every  sense  of  the  word. 

We  had  been  at  Brown's  River  only  four  weeks,  when  we 
heard  that  Beemer  had  fraudulently  obtained  our  clothing, 
books,  &c.,  Irom  Mr.  Williams,  the  store-keeper,  sold  them, 
and  was  rioting  upon  the  money.  This  was  an  outrage 
which  none  but  a  wretch  lost  to  all  sense  of  honor  or  shame, 
could  have  perpetrated.  His  pay  as  constable  amounted  to 
two  dollars  and  fifty  cents  per  week;  three  days  of  which, 
having  no  duty  to  perform,  he  was  allowed  to  work  at  his 
trade  (carpenter)  in  town;  and  could  easily  have  earned  as 
much  more.  He  knew  that  we  were  in  destitute  circum- 
stances, and  the  books,  being  all  keepsakes,  were  invalua- 
ble to  us;  yet  he  scruple4  not  to  rob  us  of  our  little  all;  not 
that  he  might  hoard  the  money  thus  obtained,  nor  use  it 
in  any  way  advantageous  to  himself;  but  to  lavish  It  upon 
females  of  abandoned  character.  The  overseer  allowed  me 
the  privilege  of  going  to  town  for  the  purpose  of  complain- 
ing to  Mr.  Gunn,  who  forthwith  tried  and  sentenced  him  to 
twelve  mojiths'  hard  labor  at  Port  Arthur. 

After  the  expiration  of  his  sentence,  he  was  sent  to  the 
roads,  where  his  conduct  continued  very  bad.  He  was  re- 
peatedly tried  and  sentenced  to .  solitary  confinement,  the 
chain-gang,  &c.;  and  when  I  left  the  colony  (in  September, 
1845,)  there  was  no  prospect  of  his  condition  ever  becoming 

better.     In  all  probability  he   will  spend  the  remainder  of 

19 


290 


NOTES  OP  AN  EXILE,  ON  CANADA, 


his  days  in  the  same  manner.    Such  was  the  reward  of  the 

TRAITOR  BeEMER. 

Volumes  have  been  and  may  be  written  upon  the  different 
traits  of  human  character;  yet  the  conventional  rules  of 
society  so  often  place  a  restraint  upon  nature,  and  the  heart 
is  so  accustomed  to  guard  itself  against  the  betrayal  of  its 
secrets,  that  it  requires  some  sudden  and  unexpected  emer- 
gency to  break  down  these  barriers,  tliat  Nature  may  assert 
her  supremacy.  Such  occurrences  lay  bare  the  secrets  of 
the  soul,  its  weaknesses,  its  follies,  and  its  most  noble  qual- 
ities. Who  has  not  heard,  who  has  not  read  of,  who  has 
not  witnessed  the  streni2;th  and  constancy  of  maternal  love? 
What  man  so  dull  of  comprehension  as  not  to  see  its  eifects 
wherever  he  turns  his  eves?  What  child  so  insensible  as 
not  to  feel  the  potent  spell  which  a  mother's  love  creates, 
when  every  day  and  almost  every  hour  of  its  existence  is 
hallowed  by  it'i  Nor  is  this  principle  confined  to  civilized 
life;  wherever  the  "human  form  divine"  is  found,  in  the 
breast  of  woman  is  it  planted.  Though  she  be  an  unculti- 
vated savage  of  the  new  world,  a  Hindoo,  a  Hottentot,  a 
native  of  the  South  Sea  islands,  or  a  dweller  in  the  frozen 
regions  of  the  north,  amid  mountains  of  ice,  her  pulse  beats 
quick  at  the  touch  of  her  offspring,  her  breast  is  warm  with 
holy  emotions  toward  it,  and  her  heart  is  the  throne  of 
maternal  love ! 

Having  occasion  to  visit  the  colonial  hospital,  I  stood  for 
a  short  time  leaning  against  the  railing  of  the  yard  which 
encloses  the  building,  an  attentive  observer  of  the  scene 
before  me.  Several  convalescent  patients  were  promenad- 
ing the  walks,  hope  and  impatience  alike  visible  in  their 
pale  features ;  and  the  remains  of  a  poor  youth,  who  had 
been  less  fortunate,  were  carried  past  me  to  the  dead-house, 
which  was  nearly  full.  A  deadly  malady  was  then  raging  in 
the  city,  and  the  free  as  well  as  bond  became  its  victims ; 
though  more  commonly  the  latter,  who,  from  being  herded 
together  in  large  masses,  filthy,  half  starved,  overworked, 
and  subject  to  severe  mental  sufferings,  became  an  easy  prey 


rded 
ked, 
prey 


ENOLAND  AND  VAN  DIBMAN  8  LAND. 


291 


to  death,  more  particularly  as  the  convict  patients  were  sad- 
ly neglected. 

I  observed  a  plain,  decent-lookinf;  woman,   apparently 
about  fd'ty  years  of  age,  come  out  ol'  the  hospital  door,  and 
proceed  across  the  yard  toward  the  street,  when  two  young 
men  entered  the  gate,  one  of  whom'was  dicsscd  as  a  convict, 
and  talking  in  an  under  tone  to  his  companion.     His  voice 
was  scarcely  audible,  but  the  woman,  who  was  walking  in 
an  opposite  direction,  suddenly  gave  a  scream,  turned  round, 
and  with  an  expression  on  her  countenance     hich  I  can  nev- 
er forget,  fixed  her  eye  upon  the  convict,     ijut  it  was  only 
for  an  instant.     Another  wild  scream  of  joy,  such  as  1  never 
heard  before,  burst  from  her  lij)S,  and  in  a  moment  she  had 
the  bewildered  youth    in  her  arms,  exclaiming,  while  her 
breast  heaved   with   the  convulsions  of  an  almost  bursting 
heart,  "  O,  merciful  God  !  —  O,  my  John  ! — O,  merciful  Clod  ! 
— 0,  my  John! — O,  my  bairn/ — my  hairn!  my  own  dear 
hairn  ! — O,  blessed   Mary  ! — O,  my  own  dear  l)airn  !"     Sur- 
prised, the  youth  at  first  struggled  for  deliverance  from  her 
hold,  but  she  clasped  him   still  closer,  repeating  the  same 
passionate  expressions,  and  covering  his  cheek  with  kisses. 
He   appeared,  at  first,  to  feel   ashamed,  for  many  eyes  were 
upon  them  ;  but  the  mother  heeded  naught  but  her  son.     At 
length  nature  asserted  her  right  in   the  convict's  breast,  and 
he  returned  her  embraces,  exclaiming,  "0,  my  mother! — my 
own  dear  mother!"  and   like  little  children  they  sat  down 
and   wept  together;    the  mother  and  child — the  parent  and 
son — the   friend  of  friends  and  the  outcast.     After  the  first 
burst  of  passion  had  a  little  subsided,  the  mother  carefully 
surveyed  his  features,  and   again  exclaimed,  "  Yes,  it  is  no 
delusion  ;  it  is  my  own  bairn,  my  long  lost  bairn!  my  own 
dear  John  !     Oh,  this  is  too  much,'"  pressing  her  hands  upon 
her  still  heaving  bosom,  "my  poor  heart  will  burst!    Blessed 
and  holy  Virgin!  I  have  indeed  found  my  lost  child!"     But 
the  cup  of  joy  had  its  mixture  of  bitterness,  for  now  she  no- 
ticed that  he  wore  the  garb  of  a  convict.     "  Oh,  John,"  said 
she,  "  and  are  you  a  prisoner'!     What  have  ye  done,  John, 
that  I  find  ye  clad  thus?    But  your  poor  mother  will  not 


293 


frOTRA  OP  AN  EXILE,  ON  CANADA, 


Upbraid  you  ;  you  are  my  own  bairn,  my  own  flesh  and 
blood,  and  though  all  the  world  deny  you,  and  cast  you  out, 
your  own  mother  will  not,  my  poor  bairn  V^  The  convict 
wept  afresh.  "  Come,  you  must  not  cry  ;  I  did  not  mean  to 
hurt  your  feelings  ;  am  I  not  your  own  mother?  Come  with 
me,  John,  to  my  house,  which  is  near  by,  and  tell  me  all ; 
and  I  will  tell  you  how  your  poor  mother  has  sought  you  ;'* 
and  they  walked  away  together.  Happy  mother !  happy 
convict!  I  afterwards  learned  their  history,  which  was  as 
follows:  The  son  left  his  home  and  widowed  mother  in 
Ireland,  in  1830,  being  then  fourteen  years  of  age.  He  wan- 
dered about  the  world  for  seven  years,  when  he  was  tried  for 
a  felony,  and  sentenced  to  transportation  for  ten  years. 
During  the  whole  period  he  had  never  heard  from  his 
widowed  mother,  who  sought  him  for  years,  and  at  last  gave 
him  up  for  dead.  She  had  come  out  to  the  colony  with 
some  friends,  as  an  emigrant,  to  spend  the  remainder  of  her 
life.  On  the  day  referred  to,  she  had  gone  on  an  errand  of 
mercy,  to  minister  to  a  poor  sick  friend  in  the  hospital,  and 
the  angel  of  mercy  met  her  there.  Her  only  son,  who  was 
lost,  she  thus  found.  After  a  separation  of  ten  long  years, 
she  knew  the  voice  of  her  ofl'spring,  and  with  the  instinct  of 
nature  clasped  him  in  her  arms.  And  when  she  found  him 
an  outcast  of  earth,  she  loved  him  not  the  less  ;  she  was  the 
mother  still !  And  thus  is  it  with  thee,  0  Nature  !  Thou 
regardest  not  the  conventional  forms  of  society  ;  thy  laws 
are  not  always  those  of  man ;  but  where  gentle,  tender 
woman  is,  there  thou  delightest  to  dwell.  Thy  dominion  is 
her  breast ;  thy  throne  her  heart ;  and  while  all  else  beneath 
the  sun  is  constantly  changing,  thou  alone  art  unchangeable, 
eternal !  Thou  makest  the  dying  to  revive,  the  blind  to  see, 
the  dumb  to  sing,  and  the  poor  outcast  convict  to  rejoice ! 

One  afternoon  a  French  whaling  vessel  dropped  down  the 
Derwent,  and  anchored  opposite  the  station,  about  half  a 
mile  from  shore.  Here,  then,  was  a  possibility  of  escape ; 
and  as  such  chances  were  not  common,  we  resolved  to 
improve  it,  if  practicable.  It  was  proposed  that  I  should 
assist  Grant  and  Gemmell  in  getting  out  of  the  hut,  through 


ENGLAND  AND  VAN  DIBMAN  «  LAND. 


293 


the  chimney,  when  the  other  inmates  >vere  asleep,  and  the 
trio  swim  off  to  the  stranger,  running  the  risk  of  a  favorable 
reception.  If  unsuccessful,  it  would  be  easy  enough  to 
return  and  be  in  our  places  in  the  morning.  At  the  ap- 
pointed signal,  T  mounted  the  chimney  on  the  outside,  to 
render  the  rcquis-itc  assistance  in  efrcctiii^  their  egress — [the 
trusty  watchman!)  Ulj)!)  ell  soon  made  fast  to  the  rope 
which  I  let  flown  for  the  purpose,  and  tlien,  ^^  haul  awaif^ 
was  the  order.  I  tu<r<red  ui  the  rope,  and  the  great  lump  of 
llcsh  slowly  ascen<U'(|,  Init  when  about  two  thirdw  of  the 
<listance  was  accomplished,  the  rope  stuck  fast  to  my  fingers, 
(jemmell  whispered,  "It's  all  right:  pull  away."  I  rej)lied, 
•'  It's  all  wrong,  though,  for  by  my  hopes    of  liberty,  I  can 

not  raise  you  another  inch."     "Then   be  d to  you," 

said  he,  "it's  all  a  flash  in  the  pan,  and  there'll  be  h to 

pay  before  I  get  back  info  my  nest  again.  "Grant,"  whis- 
pered he,  "  I  say  Grant  where  in  the  devil  are  you  ]  can't 
you  give  me  a  hoist  I  be  quick,  for  I  shall  soon  roast  here." 
[There  was  a  bed  of  red-hot  coals  underneath.]  Grant  was 
giggling  in  the  corner  of  the  fire-place,  ready  to  split  with 
laughter  at  the  fun.  At  this  moment  a  large  turf  tumbled 
from  the  top  of  the  chimney  straight  into  Gemmell's  face,  (it 
was  all  accidental,  of  course.)  "  Let  go  the  rope,"  shouted 
he,  loud  enough  to  awaken  all  hands.  I  required  not  a 
,  second  bidding,  and  he  fell  heavily  into  the  hot-bed  below. 

"  What  in  li is  all  this  fuss  about  V^  exclaimed  at  least 

twenty  voices,  in  one  breath;  but  Gemmell  stealthily  crawl- 
ed away  to  his  berth,  rope  and  all,  and  was  snoring  at  a  ter- 
rible rate  before  they  had  time  to  make  any  discoveries  ; 
while  Grant  retreated  to  a  dark  corner  to  enjoy  a  hearty 
laugh  at  our  poor  friend's  expense.  As  for  myself,  I  scram- 
bled down  from  my  elevation,  and  with  right  good  will 
roared  out  the  watchman's  cry,  '■'  AlPs  well!^^ 

About  the  middle  of  March,  complaint  was  made  by  the 
English  prisoners,  that  the  overseer  was  in  the  habit  of  rob- 
bing them  of  their  rations.  Mr.  Gunn  visited  the  station, 
and  an  investigation  took  place.  The  overseer's  hut  was 
searched,  and  a  large  quantity  of  our  provisions  was  found 


111 

i 


294 


NOTES  OF  AN  EXILE,  ON  CANADA, 


Stowed  away  underneath  his  bed.  He  was  immediately 
discharged,  and  the  station  broken  up.  Seldom  indeed  does 
it  happen  that  the  prisoners  are  so  fortunate  in  making  com- 
plaints. Often  do  they  get  a  flogging  if  unable  to  prove 
their  charges. 


CHAPTER   XXIII. 

Removal  to  Sandy  Bay. — Treniment  of  the  Canndinns. — Death  of  Nottnge  and  Curtis. 
— A  Lady's  Opinion  of  tlie  Governor. — Starvation  and  Sliell-fi-li. — Four  Canadians 
abscond  :  their  Sulferings  and  Capture. — "  Tiie  Hunters  of  Kentucky." — Removal 
to  "  Lovely  Banks." — Scenery. — Tlie  Tri.sh  Superintendent  and  Convict  Clerk. — 
Mr.  Braberaon's  Compliments,  alias  "  T\\^,"  alins  Bribery. — Death  of  Williams  — 
Treatment  of  the  Sick— Cells. — The  Triangles.— Robert  Marsh  and  the  Wheelbar- 
row.—Dreadful  Sufl'erings.— Opossum  Eating.— The  Hand-carts.— Preparations  to 
Abscond. 

It  was  not  until  after  the  most  uri^ent  solicitation  on  my 
part,  that  Mr.  Gunn  consented  to  my  joining  my  countrymen 
at  Sandy  Bay.  "Depend  upon  it,"  said  he,  "you  will  fare 
much  worse  there  than  with  the  English  prisoners.  They 
are  marked  for  severe  treatment."  I  replied,  "1  shall  esteem 
it  a  privilege  to  share  their  fate,  and  would  rather  spend  my 
whole  life  in  slavery  with  them,  than  two  years  comparative 
ease  among  such  wretches  as  the  English  prisoners." 

Seldom  have  1  experienced  more  pleasure  than  when  I 
found  myself,  with  my  two  companions,  among  these  victims 
of  Sir  John  Franklin's  tyranny,  and  received  their  warm  and 
friendly  greetings.  They  were  all  strangers,  but  they  were 
MEN.  Probably  there  was  not  a  coward  in  the  party,  and 
most  of  them  were  upright  and  honorable.  Men  of  business 
and  good  morals,  they  might  have  exerted  a  most  beneficial 
influence  in  the  land  of  their  exile,  had  they  been  honorably 
dealt  with.  I  have  no  hesitation  in  asserting  that  they  were 
far  superior  as  good  members  of  society,  in  every  respect,  to 
any  equal  number  of  freemen  which  could  have  been  selected 
in  either  district  of  Van  Dieman's  Land,  the  city  of  Hobart 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


295 


Town  excepted.  It  is  in  vain  that  we  look  for  any  justifi- 
cation of  their  treatment.  Tiie  rebelUon  in  Canada  was  ef- 
fectually crushed  before  they  were  sent  out  of  that  country, 
and  it  could  not  have  been  to  deter  others  from  following  their 
example.  It  is  a  singular  fact  that  their  treatment  was  care- 
fully concealed  from  the  Canadian  people,  and  in  1815  but  few 
persons  in  the  Canadas  knew,  or  even  dreamed,  that  they  had 
been  doomed  to  the  fate  of  felons.  It  could  not  have  been 
for  the  purpose  of  reformation,  for  their  moral  characters 
were  good ;  nor  could  it  have  been  supposed  that  such  punish- 
ment would  diminish  their  ardent  attachment  to  the  cause  of 
liberty.  Why,  then,  were  they  thus  treated?  To  gratify 
Franklbi^s  malice.  Upon  their  arrival  he  told  them  he  had 
written  to  Lord  John  Russell  for  instructions  upon  the  subject 
of  their  treatment ;  that  until  an  answer  arrived  he  should 
place  an  overseer  over  them,  who  would  merely  require  a 
little  labor  as  healthy  exercise,  the  object  of  which  was  not 
to  punish ;  and,  hnally,  that  he  was  disposed  to  treat  them 
with  the  utmost  possible  lenity.  When,  however,  no  resis- 
tance was  made  to  this  "healthv  exercise,"  slaver v,  worse 
than  death  itself,  began.  I  have  since  ascertained,  from  un- 
questionable authority,  that  Franklin  expected  that  the  party 
would  I'cfuse  to  work,  in  which  case  he  would  have  used  no 
compulsory  measures,  through  fear  of  consequences.  The 
falsehood  and  deceit  thus  practiced  by  her  Majesty's  repre- 
sentative, are  a  striking  comment  upon  the  misgovernment 
to  which  colonies  are  always  subject. 

The  party  consisted  of  seventy-six  men  when  we  joined 
them.  Eighteen  of  these  were  captured  at  the  battle  of 
Windsor,  and  the  remainder  at  Prescott.  [A  concise  account 
of  these  battles  will  be  found  in  a  subsequent  chapter.]  Asa 
Priest,  of  Auburn,  N.  Y.,  died  on  the  passage  out.  William 
Nottage,  of  Amherst,  Ohio,  and  Lysander  Curtis,  were  in  the 
hospital.  Nottage  was  blown  up  while  blasting  rocks.  He 
lingered  several  weeks,  and  died,  uttering  imprecations  against 
the  British  government.  He  was  interred  in  the  Catholic 
burying  ground  with  more  decency  that  is  usually  shown  to 
the  remains  of  prisoners.     The  reverend  Father  Therry,  of 


296 


NOT£S  OF  AN  EXILE,  ON  CANADA, 


Hobart  Town,  attended  him  during  his  illness.  Curtis,  whose 
health  was  greatly  impaired  on  his  arrival,  after  spending  a 
few  days  in  the  hospital,  was  sent  back  to  the  station,  and 
ordered  out  to  work.  Mr.  Marsh  gave  me  the  following 
account  of  the  murder  of  poor  Curtis,  the  day  I  joined  them: 
"We  were  yesterday,"  said  he,  "wheeling  dirt  in  barrows, 
which  were  very  heavily  loaded.  Curtis  looked  very  ill,  and 
during  the  morning  was  often  under  the  necessity  of  setting 
down  his  barrow  to  rest.  On  these  occasions,  the  overseer 
(one  Thomas  Hewit,  a  pardoned  felon,)  would  utter  some  horrid 
oath,  and  tell  him  to  go  on  with  his  work  or  he  would  seiid 
him  to  the  cells.  In  the  afternoon  he  sat  down  his  barrow 
and  told  me  he  was  very  ill,  and  could  not  work.  I  told  him 
to  speak  to  the  overseer  for  permission  to  rest.     He  did  so, 

but  the  inhuman  taskmaster  replied,  ^  D your  bloody  eyes, 

wheel  it  or  die  by  it;  I  don't  care  which !'  He  again  attempt- 
ed to  wheel  the  barrow,  but  soon  fainted.  I  threw  some 
water  in  his  face,  and  he  recovered,  but  said  to  me,  '1  feel 
that  my  work  in  this  world  is  nearly  accomplished.  I  am 
glad  of  it,  for  it  is  better  to  die  than  live.'  Several  spoke  to 
Hewit,  begging  that  Curtis  might  be  allowed  to  go  to  the 
station,  but  received  nothing  but  oaths  in  reply.  The  poor 
fellow  lay  on  the  ground  till  night,  when  we  carried  him  in. 
I  watched  by  his  side  all  night,  and  thought  once  that  he  was 
dying.  He  was  very  sick.  This  morning  the  superintendent 
ordered  him  to  be  taken  to  the  hospital  in  a  hand-cart.  When 
he  left,  a  tear  stole  down  his  cheek  as  he  exclaimed,  'Fare- 
well, comrades !  we  shall  not  meet  again ;  but  write  for  me  to 
my  poor  friends.     Oh !  this  is  indeed  very  hard  to  bear ! ' " 

On  the  third  day  we  were  informed  that  poor  Curtis  was 
no  more.  Many  of  our  party  envied  him  his  rest.  Some  of 
us  had  a  few  shillings  in  money ;  with  this  we  purchased  some 
crape  which  all  wore  on  the  arm  for  four  weeks.  This  little 
tribute  of  respect  to  our  murdered  comrade  attracted  some 
attention  from  the  congregation  where  we  attended  church 
every  Sabbath.  I  overheard  the  following  conversation  be- 
tween a  young  lady  and  her  father,  whose  pew  was  opposite 
our  seats: 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


297 


and 


"Only  look,  father,  the  poor  Canadians  all  wear  crape*  I 
never  saw  prisoners  wear  crape  before ;  why  is  it?" 

**One  of  their  number  is  dead.  It  seems  they  have  some 
feeling  for  each  other;  poor  fellows!  they  are  very  different 
men  from  our  own  convicts,  but  I  fear  they  are  treated  even 
worse." 

"Do  look,  papa,  how  sad  and  downcast  they  nearly  all 
appear.  How  I  pity  them!  Why  arc  state  prisoners  made 
to  work  and  treated  so  very  bad]'' 

"That,  my  dear,  is  a  hard  question  to  answer.  You  must 
ask  the  governor,  for  it  is  his  doings." 

"What!  old  Franklin?  You  might  as  well  ask  our  old 
brindle  dow  for  reasons  as  him. 


What  an  old  codger  for 


,|M 


governor : 

"Hush!  hush!  my  dear; — do  you  know  you  are  talking 
treason]  W^e  shall  never  got  another  invitation  to  govern- 
ment house  if  you  are  heard  making  such  remarks.  He  is 
her  Majesty's  representative." 

"The  Queen  ought  to  know  better  than  to  send  such  a 
stupid  old  granny  here." 

"Silence!  are  you  mad?" 

I  soon  found  that  Mr.  Gunn  had  not  misrepresented  the 
treatment  of  our  party.  We  were  obliged  to  conform  to  the 
most  frivolous  regulations,  and  work  very  hard  from  early 
dawn  until  dark.  The  superintendent  was  heard  to  boast 
that  we  performed  twice  as  much  labor  as  any  other  party 
on  the  island.  Breaking  and  drawing  stone  and  dirt  in  carts, 
for  macadamizing,  was  the  chief  employment.  Seldom  was 
any  thing  but  oaths  and  reproaches  heard  from  the  overseer; 
and  those  whose  constitutions  were  broken,  (and  there  were 
not  a  few  such,)  so  as  necessarily  to  diminish  the  amount  of 
labor  required  to  be  performed,  received  a  double  portion  of 
abuse.  The  rations  were  very  scant,  and  complaints  of  in- 
tense hunger  were  general.  Fortunately  the  shore  of  the 
Derwent  was  lined  with  shell-fish — principally  cockles  and 
muscles — and  as  the  bell  rang  for  turn  out  long  before  day- 
light, we  were  for  a  while  in  the  habit  of  stealing  down  to 
t\\Q  beach  and  gathering  them.     Although  they  were  boiled 


298 


NOTES  OF  AN  EXILE,  ON  CANADA, 


and  devoured  without  any  condiment,  I  certainly  never  ate 
any  thing  which  tasted  better.  But  our  stolen  marches  to 
the  beach  were  soon  discovered  and  forbidden.  ''We  were 
there  for  punishment  and  no  such  indulgence  could  be  allow- 
ed." Soon  after  this,  we  preferred  a  complaint  against 
Henry  Baker,  the  convict  clerk,  for  robbing  us  of  our  bread 
and  meat.  Although  the  evidence  was  sufficient  to  have 
convicted  him  of  theft  in  any  civilized  country,  we  received  a 
severe  reprimand  from  Mr.  Gunn  for  making  false  charges, 
and  questioning  Mi-.  Baker'' s  integrity. 

We  likewise  took  the  liberty  of  sending  a  joint  petition  to 
the  "old  granny,"  as  Franklin  was  generally  called,  asking 
for  better  treatment.  In  a  few  days  the  old  gentleman  made 
his  appearance,  and  delivered  one  of  his  eloquent  speeches 
upon  the  wickedness  of  signing  a  joint  petition,  which  was 
contrary  to  Van  Dieman's  Land  rules.  In  future,  if  we 
petitioned,  it  must  be  done  separately ;  but  it  would  be  far 
better  not  to  do  it  at  all.  Three  American  vessels  came  in 
while  we  were  there,  but  during  their  stay,  two  extra  police- 
men were  placed  over  us  to  prevent  any  communication. — 
One  of  the  captains  visited  the  station,  accompanied,  however, 
by  a  colonial  magistrate,  to  act  the  spy.  He  showed  sympa- 
thy for  our  sufferings  in  his  looks,  but  not  a  word  could  he 
speak  in  private.  Many  were  the  plans  formed  for  effecting 
an  escape,  but  we  were  obliged  to  give  them  all  up  as  imprac- 
ticable, so  closely  were  we  guarded.  Four  of  our  number, 
however,  determined  to  make  a  trial.  They  left  in  the  dusk 
of  the  evening,  and  we  heard  no  more  of  them  for  three 
weeks,  when  they  were  captured  upon  a  desolate  island  a  few 
miles  from  the  main  land.  They  took  a  boat,  with  the  inten- 
tion of  following  the  coast  north,  crossing  Bass  straits,  and 
landing  in  New  Holland.  They  were,  however,  pursued,  and 
their  little  boat  wrecked  upon  the  rocks.  They  had  subsisted 
upon  shell-fish  the  whole  time,  and  two  (Michael  Morain  and 
William  Reynolds)  were  nearly  starved  to  death  when  cap- 
tured. The  others  (Horace  Cooley  and  Jacob  Paddock)  were 
greatly  debilitated.  They  were  immediately  tried  and  sen- 
tenced to  perform  two  years  hard  labor  at  Port  Arthur. 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


299 


The  party  in  general  bore  their  misfortunes  with  manly 
fortitude.  There  were  several  aged  men  among  us,  who 
mostly  set  the  younger  an  example  wortiiy  to  be  followed  in 
the  school  of  adversity.  Elijah  C.  Woodman,  of  London, 
U.  C,  and  Chauncey  Sheldon,  of  Michigan,  were  the  eldest. 
I  shall  never  forget  a  little  circumstance  which  occurred  con- 
nected with  the  former.  We  had  worked  hard  all  day  in  the 
cold  rain,  and  as  usual  were  locked  into  our  cheerless  huts 
after  the  day's  toil,  to  sleep  in  our  wet  clothing  until  the 
morrow  should  again  call  us  to  the  performance  of  our  cruel 
tasks.  Some  sat  upon  the  forms,  some  in  their  berths,  while 
others  had  covered  themselves  with  their  thin  blanket  and 
rug  to  court  the  warmth,  sleep  and  rest  which  they  so  much 
needed.  All  were  silent.  Drooping  heads  and  sad  counte- 
nances indicated  that  the  thoughts  of  the  melancholy  party 
were  of  bitter  wrongs,  or  perchance  of  distant  home  and 
friends.  Occasionally  a  heavy  sigh  might  be  heard,  and  anon 
a  slight  groan  from  the  sick,  (for  there  were  always  sick 
among  us.)  Suddenly  Mr.  Woodman  sprang  from  his  berth 
to  the  floor,  and  in  a  tone  of  voice  that  might  have  been  heard 
a  mile,  struck  up  "Me  hunters  of  Kentucky.''^  The  effect 
was  instantaneous.  As  if  electrified,  every  man  sprang  to  the 
floor;  sick,  blind  and  halt,  joined  in  the  chorus;  some  danced, 
others  shouted,  and  all  shook  ofl^  the  gloomy  horrors  of  Van 
Diemans  Land. 

About  the  first  of  May  our  party  were  ordered  into  the 
interior.  This  was  doubtless  to  prevent  escape  from  the  is- 
land. "  Lovely  Banks"  was  the  name  of  our  new  home. 
It  was  distant  thirty-six  miles  from  Hobart  Town,  on  the 
road  leading  to  Laurenston.  There  were  no  inhabitants 
living  within  two  miles  of  the  station,  which  stood  in  a  beau- 
tiful valley  surrounded  by  high  hills  of  a  red,  sandy  soil,  and 
partially  covered  with  "  she  oak"  as  it  is  commonly  called. 
These  oak  forests  were  by  far  the  most  agreeable  to  the  eye 
of  any  thing  which  I  saw  of  the  kind  on  the  island.  The 
hills  upon  which  they  -grow  are  generally  '^  sugar  loaves," 
from  two  hundred  to  six  hundred  feet  high,  free  from  under 
brush,  and  adorned  only  with  these  beautiful  trees,  which 


300 


NOTES  OF  AN  EXILE,  ON  CANADA, 


seldom  obtain  a  height  of  more  than  forty  feet,  and  diame- 
ter of  one  yard  at  the  base  of  the  trunk.  Their  large  circu- 
lar, ever-green  tops  however,  vary  from  sixty  to  one  hundred 
feet  in  circumference,  and  the  landscape  which  they  form, 
whether  viewed  from  a  distance  or  the  base  of  the  miniature 
mountains  upon  which  they  grow,  can  scarcely  fail  to  excite 
the  admiration  of  the  beholder. 

Mr.  Gunn  was  kind  enough  to  send  an  order  to  the  super- 
intendent (an  Irishman,  named  Braberson,)  appointing  me 
clerk  of  the  station.  As  this  would  relieve  me  from  all  hard 
labor,  I  felt,  for  the  first  time  in  many  months,  comparatively 
happy.  The  duty  of  the  clerk  was  to  muster  the  party  morn- 
ing and  evening,  issue  the  rations,  keep  the  books,  &c.;  and  I 
should  thus  be  enabled  to  prevent  our  party  from  being  robbed 
of  the  pittance  allowed  to  keep  us  from  starving.  But,  alas  ! 
the  evil  genius  of  the  country  ruled  here.  A  trebly  convicted 
felon  occupie<l  the  situation  when  I  arrived,  between  whom 
and  the  superintendent  there  appeared  to  be  a  peculiar  affin- 
ity. In  looking  over  the  books  I  at  once  discovered  that 
fraud  had  been  practiced  by  these  harpies ,  and,  for  my  own 
safety,  demanded  that  an  inventory  should  be  taken  of  the 
amount  of  stores,  &c.,  on  hand.  This  was  refused,  and  after 
a  few  days  spent  in  the  office,  Braberson  told  me  he  should 
retain  Johnson  two  weeks,  after  which  I  could  take  his 
place.  In  the  mean  time  he  had  written  to  town  stating 
that  I  was  not  qualified  for  a  clerk,  and  asking  permission 
for  Johnson  to  remain.  This  coming  to  my  ears,  I  reported 
the  whole  circumstance  to  the  visiting  magistrate,  in  the  pre- 
sence of  Braberson,  and  was  taken  aside  and  told  to  remain 
quiet  for  a  few  days,  and  my  wrongs  should  be  redressed  ;  but 
the  promise  was  not  kept.  The  next  day  a  brace  of  fine 
rabbits  and  fowls  was  sent  with  Mr.  Braberson's  compli- 
ments, to  Major  Ainsworth,  the  aforesaid  gentleman,  which 
of  course  made  all  square^  as  his  worship  had  no  objections 
against  taking  "^ip."  The  superintendent,  convict  over- 
seer and  clerk  now  combined  to  render  my  life  as  Vvreti^hed 
as  possible.  I  was  kept*  at  the  hardest  work,  and  daily  in- 
sulted and  abused  in  every  possible  way.  Several  others  who 


EMGLAND  AND  VAN  DIGMAN's  LAND. 


301 


had  given  offence  to  these  ^^powers  that  6e,'*  (ordained,  how- 
ever, by  his  Satanic  Majesty,)  were  nearly  as  fortunate  as 
myself  in  this  respect.  But  for  the  hope  of  effecting  a  gene- 
ral escape  from  the  Island,  I  should  certainly  have  braved  the 
consequences  of  open  rebellion  to  their  hellish  tyranny ;  but 
I  resolved  to  **bide  my  time." 

We  had  not  been  long  at  this  station  when  James  P.  Wil- 
liams, alias  Steward,  was  sent  to  the  hospital  at  New  Norfolk, 
with  sore  eyes,  where  he  soon  died  (as  I  since  have  been 
credibly  informed)  from  ill  treatment. 

Many  of  our  number  were  sick,  some  of  whom  were  thrust 
into  the  cells  for  not  working  beyond  their  strength.  We 
were  allowed  a  pair  of  new  shoes  once  in  four  months,  but 
nearly  six  months  had  passed  away  and  we  still  wore  the 
old  ones,  and  several  were  compelled  to  work  bare-footed. 
One  of  these  (Hiram  Loop)  refused  to  labor  without  shoes, 
but  he  only  received  several  days  confinement  on  bread  and 
water  for  his  presumption.  The  sick  were  often  shamefully 
abused,  and  driven  out  to  work  in  the  cold  rains.  The  trian- 
gles were  erected,  and  we  were  threatened  with  a  flogging; 
but  we  gave  the  superintendent  and  overseer  to  understand 
that  this  was  going  one  step  beyond  the  boundaries  of  en- 
durance, and  in  case  any  attempt  was  made  to  flog  one  of  our 
party  the  remainder  would  openly  rebel.  As  we  talked 
plain  and  decided,  they  took  the  hint,  and  we  heard  nothing 
more  about  the  triangles.  The  first  night  after  they  were 
erected,  one  of  our  party  carried  them  on  his  back  over  a 
mile  to  a  small  lagoon,  into  which  he  threw  them,  and  where, 
doubtless,  they  remain  at  the  present  day. 

Robert  Marsh,  whose  constitution  was  sadly  impaired,  was 
subject  to  much  persecution.  He  was  one  day  employed  in 
wheeling  dirt,  and  complained  of  the  barrow's  being  loaded 
too  heavily.  But  the  felon  overseer,  who  had  stolen  a  pair 
of  boots  from  Mr.  Marsh,  of  which  he  had  been  openly  ac- 
cused, was  determined  on  revenge.  Braberson,  likewise 
held  a  grudge  against  the  poor  fellow,  and  when  the  circum- 
stance was  made  known  to  him,  he  said  the  work  was  too 
light,  and  if  it  was  not  performed  Marsh  should  be  punished. 


302 


NOTES  OF  AN  EXILE,  ON  CANADA 


The  barrow  was  loaded  still  more  heavily  and  a  slout,  healthy 
English  fellow  who  happened  to  be  present  was  ordered  to 
wheel  it  a  few  paces.  He  did  so,  and  Braberson  exclaimed, 
"If  that  man  can  wheel  it  you  can:  let  me  hear  no  more 
complaints,  or  you  go  to  the  cells."  Accordingly  poor 
Marsh  had  to  wheel  the  heavy  barrow  the  entire  day.  Not 
satisfied  with  this,  when  the  party  went  into  the  station,  (we 
never  left  off  work  till  dark)  a  heavy  bar  of  iron  was  pur- 
posely left  behind,  to  bring  which,  Marsh  and  Stephen 
Wright  were  selected  from  their  coraradt-s  and  sent  back,  a 
distance  of  two  miles.  They  arrived  at  the  station  about  nine 
o'clock  in  the  evening,  as  may  be  supposed,  quite  worn  out ; 
but  we  were  all  glad  to  hear  that  they  had  thrown  it  down 
upon  a  rock  and  divided  it  into  two  pieces.  As  it  was  done 
in  the  dark  the  overseer  had  no  redress.  The  persecution 
against  Marsh  now  became  so  severe  that  he  was  under  the 
necessity  of  complaining  to  the  magistrate.  He  ordered  him 
to  be  examined  by  the  doctor,  who  pronounced  him  to  be  an 
invalid,  and  incapable  of  performing  any  heavy  labor.  The 
overseer  was  severely  reprimanded,  and  threatened  with  a 
lesson  at  Port  Arthur  for  his  tyranny.  I  relate  this  circum- 
stance in  order  to  ''  give  the  devil  his  due,"  for  it  was  the 
only  instance  in  which  any  of  our  party  were  fairly  dealt  by 
while  I  was  with  them.  Circumstances  of  similar  aggrava- 
tion on  the  part  of  the  superintendent  and  dverseer  were 
daily  occurring. 

June,  July  and  August,  are  the  winter  months  in  Van  Die- 
man's  Land.  Although  the  ground  was  seldom  covered  with 
snow  for  more  than  an  hour  at  a  time,  the  weather  was  se- 
vere, rain  or  snow  generally  falling  throughout  the  day  ;  and 
the  nights  were  exceedingly  cold.  As  if  to  increase  our 
sufferings  to  the  utmost  possible  extent,  our  clothing,  of 
which  we  were  now  sadly  in  need,  was  withheld  from  us. 
More  than  twenty  poor  fellows  were  barefooted,  and  in  the 
morning  when  the  party  went  to  their  labor,  blood  marked 
their  foot-steps  in  the  frost.  Nearly  all  were  half  naked. 
More  than  half  the  party  had  but  one  shirt.  Saturday  after- 
noon was  allowed  for  washing,  mending,  &c.,  on  which  oc- 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


303 


se- 
and 
our 
of 
us. 
the 
ked 
:ed. 
ter- 
oc- 


cusions  these  poor  fellows  might  be  seen  in  a  state  of  more 
than  half  nudity,  washing  their  shirts  in  cold  water,  and  as 
there  was  no  fire  allowed  in  our  huts,  and  we  were  prohi- 
bited from  entering  the  cook  or  bake-house,  it  was  often  im- 
possible to  dry  them.  This  indeed  was  not  much  of  an  ob- 
ject, as  we  were  constantly  exposed  to  the  rain. 

Sunday  was  hailed  both  as  a  day  of  rest  and  feasting,  as 
there  was  no  church  in  the  vicinity,  parsons  were  not  at  all 
troublesome,  and  we  were  left  to  ourselves  to  worship  in  our 
own  way.  The  opossums  were  very  thick  in  the  surrounding 
bush,  and  we  were  in  the  habit  of  stealing  away  every  Sun- 
day to  capture  them.  This  was  certainly  an  oj)eu  desecra- 
tion of  that  holy  day,  but  let  the  reader  remember  that  we 
were  half  starved,  and  that  the  llesh  of  this  animal,  although 
very  coarse  and  unpalatable,  was  devoured  with  the  utmost 
greediness.  As  at  Sandy  Bay  with  ihe  shell-fish,  so  here, 
opossum  catching  was  too  great  an  indulgence  for  us,  and  \\\i 
were  prohibited  from  leaving  the  station. 

The   hardest  work  which  w^e  were  made   to   perform   was^^ 
that  of  drawing  stone  in  carts  from  the  quarry  to  the  road,  a 
distance   ot  nearly  two  miles.     The  road  was  uneven    and 
half  of  the  distance  up  hill.     The  carts,  when  loaded,  would 
weigh  at  least  a^07i,  the  boxes  being  six  feet  long,  four  and  a 
half  feet  wide  and  one  and  a   half  deep.     Four  to  six  per- 
sons were  put  to  a  cart  and  obliged   to  draw  at  least  twelve 
loads  each  day.     Being  a  marked  man,  I  was  kept  at  this  de- 
lightful exercise  the  whole  winter.     After  working  in  this 
manner   in  the   cold  rain  and  snow  from   daylight   till  dark, 
half  naked  and   half  starved,  we  were  turned  like  so   many 
rattle    into    our  cheerless  huts,  without  fire,    and   not  half 
enough  bedding,  to  sleep  in  our  wet  clothing  till  another  day 
called  us  to  toil  and  slavery.     For  seven  weeks  in  succes- 
sion  my  own  clothing  was  not  once  dry ;  yet  I  was  not  trou- 
bled with  a  cold,  or  subject  to  any  sickness.     I  was,  how- 
ever, greatly  emaciated,  and  felt  that  I  could  not  long  endure 
such  horrible  treatment.     Those  of  the  party  who  were  not 
ill,  or  broken  in  spirit,  became  desperate,  and  bushranging 
and  death  w^ere  talked  of  as  preferable  to  longer  endurance. 


304 


MOTES  OF  AN  EXILfi,  ON  CANADA, 


About  Ihe  20th  of  August  we  heard  that  there  was  an 
American  whaler  in  town.  We  had  made  friends  while  at 
Sandy  Bay,  of  three  gentlemen  in  that  vicinity,  who  promis- 
ed to  assist  us  in  effecting  an  escape  if  practicable.  Joseph 
Stewart  and  myself  determined  to  take  a  trip  to  Town  and 
see  if  something  could  not  be  done  with  the  American  cap- 
tain in  behalf  of  the  whole  party,  proposing,  if  unsuccess- 
ful, to  return  and  surrender  to  the  authorities.  Provisions 
sufficient  to  last  us  twelve  days  were  contributed  by  our  com- 
panions from  their  scanty  allowance,  as  we  resolved  not  to 
rob  for  a  livelihood  in  our  absence.  Many  of  the  party  were 
anxious  to  share  in  this  enterprise,  but  it  was  deemed  advisa- 
•ble  that  only  two  should  leave.  We  were  in  hopes  that  the 
captain  might  be  prevailed  upon  to  make  arrangements  for 
the  reception  of  the  whole  party  on  board  his  vessel ;  t6 
leave  the  harbor  as  if  going  to  sea  and  return  upon  a  given 
day  to  an  uninhabited  part  of  the  coast  designated  upon  a 
chart  of  the  Island,  where  we  could  meet  them  in  i.  body, 
by  making  a  forced  march  in  the  night  from  our  station,  and 
thus  bid  adieu  to  Van  Dieman's  Land. 

To  deceive  the  authorities  with  reference  to  our  intentions 
we  left  a  letter  where  it  would  be  found  the  following  morn- 
ing, which  I  trusted  would  likewise  induce  the  government, 
even  if  we  failed,  to  treat  the  party  with  more  justice  and 
moderation.* 


*  LovELT  Banks  Road  Station,  August  SDtk.  1840. 
To  Major  Ainswor'.h : 

Sir,— Our  treatment  at  thia  Btation  has  driven  us  to  "  take  the  bush,"  as  the  only 
«liance  of  prolonging  our  lives.  You,  sir,  are  aware  of  the  cruel  tyranny  to  which  we 
tiave  been  subjected,  and  we  can  but  conjiider  you,  as  visiting  magistrate  to  the 
•tation,  responsible  for  our  own  suiTerings  and  those  of  our  comrades. 

We  avail  ourselves  of  the  present  occasion  to  inform  you  that  our  comrades  whom 
vre  leave  behind  are  rendered  desperate  by  the  abominable  tyranny  practiced  upen 
them,  and  we  can  assure  you  that  unless  they  are  treated. much  better  than  they  have 
yet  been  since  their  arrival  ia  the  colony,  nearly  all  of  them  will  soon  follow  our 
«xample.  We  do  trust  that  some  mercy  will  be  shown  them.  You  will  oblige  us  by 
forwarding  this  letter  to  the  Lieutenant  Governor,  in  order  that  his  attention  may  be 
called  to  the  subject.  He  will  find,  if  he  takes  the  trouble  to  visit  the  party,  that  they 
•re  treated  far  worse  than  African  slaves  in  any  part  of  the  world. 

W«  iMive  the  hoiMr  to  be,  sir,  your  obedient  servants, 

L.  W.  MILLER, 
JOSEPH  STEWART. 


I 


BMOLAND  AMD  VAN  DIBMAmV  LAUD. 


305 


rhom 


CHAPTER  XXIV. 

The  Aothor  and  Joieph  Stewart  nbsconrl — The  Journey. — A  Quandary.— The  Bar 
prUe.— The  Betrayal.— The  Return.— The  Mytteriuua  Fuuniain.— The  Surrender. 

On  the  evening  of  the  29th  August,  dressed  in  the  costume 
of  the  prisoner,  with  our  knapsacks  upon  our  backs,  we  bade 
adieu  to  our  companions,  removed  the  flimsy  barriers  which 
British  compassion  had  erected  for  the  nightly  comfort  and 
protection   of  the  Canadians,  scaled  the  outer  wall   of  the 
prison  yard,  and  at  the  moment  the  watchman,  an   English 
felon,  whose  duty  it  was  to  prevent  night-walking,  sang  out, 
at  the  distance  of  only  a  few  yards,   ^'AlPs  well," — were 
free!  free  from  prison  walls;  free  from  British  tyranny,  for 
a  season  at  least,  and    Hope  whispered,  falsely  whispered, 
forever.     Alas!  alas!  that  sweet  angel  of  mercy  was  luring 
us  on  to  slavery,  wretchedness  and  woe,  incomparably  greater 
than  we  had  yet  experienced.     But  the  veil  of  the  future 
hid  these  things  from  our  view^,  and  we  saw  only  the  bright- 
ness of  the  present.     Many  a  "  God  bless  you,"  many  a 
prayer  for  the  success  of  our  mission  by  our  comrades  cheered 
us  onward,  and  with  stout  hearts  and  bright  anticipations, 
we  took  a  farewell  look  at  that  home  of  slavery,  plunged 
into  ihe  dark  forests,  and,  with  the  Southern  Cross  for  our 
guide,  steered  for  the  metropolis  of  the  land  of  Nod.     "lam 
free!  free!  free! ''^    shouted   my   friend  "Joe,"  as   we  de- 
scended, at  no  snail's  pace,  one  of  the  ten  thousand  almost 
bottomless  ravines  which  yawn  between  the  hills  and  moun- 
tains of  the  island.     "Iam/rcc.'"I  enclaimed  with  inde- 
scribable transport,  and  the  huge  rocks  and  trees  of  the 

'^  prison  isle,"  as  if  inspired  with  that  freedom  which  thej 

20 


^jdjjf"'''-'^ 


306 


WOTCt  or  AW  EXILE,  OM  CAWAOA, 


forever  lost  when  Britain  planted  her  bloody  flag,  that  sym- 
bol  of  eternal  slavery,  upon  their  shores,  caught  the  soul- 
stirring  sounds  and  echoed  forth  *'I  am  free! free!  free f"*^ 

We  traveled  until  early  dawn,  and  then  made  our  bed  for  the 
day  under  cover  of  a  thick  cluster  of  the  wattle  tree.  The 
reappearance  of  darkness  was  tl»e  signal  for  renewing  our 
journey.  Carefully  avoidin;^  the  iiabitalions  of  men,  we  made 
the  hush  our  bi«;liway,  and  the  warm  lairs  of  the  kangaroo 
(as  they  spran*^  up  and  bounded  away,  measuiin<jj  from  twenty 
to  thirty  feet  each  leap,)  our  restiii;^  places.  Climhiui^  high 
hills,  and  descending  dark  and  (hmja-rous  precipices,  clinging 
to  rocks  and  bushes  to  prevent  a  plun<^e  into  the  abyss  be- 
low, our  progress  was  neither  swilt  noi  unilorm.  Occasion- 
ally we  found  llic  under  brush  and  high  grass  so  thick  in  the 
valleys  as  almost  to  defy  our  ell'orts  to  advance  ;  and  often 
spent  an  hour  of  great  exertion  in  gaining  one  fourth  of  a 
mile. 

"  We  arc  not  far  from  Bridgewaler,"  said  Joc^  as  we  sat 
upon  a  log  partaking  of  a  dish  of  that  delicious  beverage 
"/ec,"  a  half  pound  of  which  \v2  had  earned  at  the  Lovely 
Banks,  by  doing  five  dollars  worth  of  tailoring  lor  Mister 
Brabersouj  (Joe  was  a  tailor,)  "and  I  recollect  seeing  a  large 
cluster  of  underbrush  near  the  public  road,  on  our  journey 
up  to  the  station,  which  would  make  a  capital  hiding  place 
through  the  day.  Suppose  we  take  the  open  country,  we 
shall  reach  it  before  daylight  and  be  ready  to  cross  the  Der- 
went  early  in  the  evening." 

^'Are  you  certain,"  I  replied,  "  of  what  you  say  ?     I  did 
not  notice  any  underbrush  near  the  place." 
"Oh,  yes;  lean  not  be  mistaken." 

Broad  daylight  found  us  at  the  designated  spot,  <but  be- 
hold! there  were  no  bushes  to  secure  us  from  the  eye  of  our 
fellow  men.  W^e  were  in  the  open  country,  in  a  thickly  set- 
tled neighborhood,  and  the  columns  of  smoke  which  the 
chimneys  began  to  send  forth,  convinced  us  that  we  had  no 
time  to  lose  in  becoming  invisible.  On  the  right-hand  side 
of  the  road  was  a  high  hill,  covered*  with  the  oak,  the  sum- 
mit of  which  might  possibly  afford  a  retreat ;  and  toward  it 


,^ 


BNOLAND  AND  VAN  DIBMAN'S  LAMB. 


307 


it  sym- 
le  soul- 
reef' 
J  for  the 
?.  The 
ang  our 
ve  made 
ringaroo 
twenty 
nir  high 
:'linging 
yss  hc- 
Lcasion- 
k  in  the 
li  often 
rth  of  a 

we  sat 

leverage 

Lovi.'iy 

Mister 

a  largo 

journey 

g  place 

try,  we 

ae  Der- 

\    I  did 


3ut  be- 
of  our 
ly  set- 
ich  the 
had  no 
nd  side 
e  sum- 
ward  it 


we  hastily  wended  our  way.  A  mass  of  rocks,  and  the  ab- 
sence  of  any  thing  which  could  tempt  man  to  frequent  the 
place,  betokened  security ;  and  without  fear  of  being  dis- 
turbed, we  made  our  beds  and  were  soon  dreaming  of  native 
land  and  liberty. 

About  11  o'clock,  A.  M.,  I  was  awakened,  apparently, 
by  a  strange  presentiment  of  coming  evil,  liaising  my  head, 
1  beheld  u  large  dog  near  our  feet,  and  a  few  seconds  dis- 
covf  red  to  me  his  muster,  a  middle  aged  gentleman  of  in- 
tert  sting  appearance,  making  directly  toward  us.  He 
seemed  as  much  surprised  as  I  did  chagrin,  at  seeing  us,  and 
hastily  exclaimeil,  *'What!  what's  this  ?  ah!  I  see  ;  you  are 
bushrangers."  Poor  ./of,  who  until  now  was  talking  broken 
<  sentences  in  his  sleep,  such  as,  "  I  say,  Tom  King,  this  is 
a  monstrous  great  load,  you''re  making  us  draw!  we  can't 
get  through  that  mud-hole  with  it !  There,  there  ;  I  knew  it 
would  be  so — hero  we  are  stuck  fast  in  the  mud.  I  wish  the 
Queen  had  to  pull  it  out.  Pull!  pull!  altogether,  lads!" 
&,c.,  &,c. — now  opened  his  eyes  long  enough  to  become  con- 
scious that  we  were  in  a  pretty  quandary.,  gave  a  very  omi- 
nous groan,  turned  liis  head  in  an  opposite  direction,  and 
left  me  to  entertain  our  unwelcome  visitor. 

"You  have  stumbled  upon  a  fact^  my  dcai  sir,"  I  replied; 
'•'  we  are  !)u^hrangcrs.  May  I  take  the  liberty  to  inquire  who 
you  are?" 

"  Oh,  certainly  ;  my  name  is  — — ,  and  I  am  a  district 

constable." 

"  I  do  not  wish  to  insult  you,  sir,  but  you  will,  1  trust, 
pardon  me  for  saying  I  would  rather  have  seen  the  face  of 
his  Satanic  Majesty  than  that  of  any  district  constable  on 
the  island.  You  are  most  unwelcome  to  our  rude  habita- 
ticfn,  but  ple<ise  be  seated;  here  are  rocks — we  can  offer  you 
nothing  better." 

"  Oh,  you  are  over  polite  to  a  stranger  I  But  I  must  decline 
making  myself  at  home  until  I  learn  something  further  of  your 
circumstances  and  intentions." 

"  I  have  not  the  least  objection,  sir,  to  giving  you  all 
reasonable  information.     My  own  name  is  Miller — I  gm  a 


308 


NOTES  or  AN  EXILE,  ON  CANADA, 


• 


citizen  of  the  United  States,  and  until  little  more  than  a  dajr 
since  was  a  British  slave.  Now,  however,  I  call  myself  a  free 
man,  while  you  term  me  a  bushranger — in  other  words,  an 
outlaw ;  but  we  will  not  quarrel  about  terms.  Allow  me 
now  to  introduce  ray  friend  Mr.  Joseph  Stewart,  a  real 
Jonathan,  like  myself.  Mr.  Stewart,  please  to  sit  up  and 
make  yourself  agreeable." 

Joe  remained  motionless,  and  only  ejaculated  a  faint 
"  ahem !" 

*'  Your  friend,"  said  our  new  acquaintance,  "  seems  rather 
unsociable  ;  but  allow  me  to  inquire  if  you  are  not  the  two 
Canadian  prisoners  who  absconded  from  the  Lovely  Banks, 
night  before  last?" 

"  We  are  the  same." 
*  "Indeed!  I  am  sorry,  for  it  is,  as  you  must  know,  my 
duty  to  apprehend  you.  How  could  you  have  been  so  fool- 
ish as  to  abscond  1  Your  free  pardons  are  expected  to  arrive 
every  day  ;  there  is  no  possibility  of  escaping  from  the  island 
unless  you  have  money  and  friends,  and  if  you  live  in  the 
bush,  robbing  for  a  livelihood,  you  must  soon  come  to  the 
gallows.  But  I  will  not  believe  that  you  Canadians  would 
rob.  I  have  heard  an  excellent  report  of  your  characters, 
and  all  the  respectable  inhabitants  in  the  colony  are  your 
friends." 

"  As  for  free  pardons,  we  have  waited  a  long  time  lor 
them,  and  I  fear  may  wait  until  we  are  all  murdered  under 
our  inhuman  treatment ;"  and  I  told  him  of  the  horrors  to 
which  we  had  been  subjected.  He  expressed  great  surprise, 
and  much  sympathy  for  our  party  ;  and  assured  me  that  our 
wrongs  were  not  generally  known  or  they  would  have  been 
redressed. 

"But,"  he  continued,  "it  is  most  fortunate  for  you  thztt  I 
have  fallen  in  with  you  to-day.  You  have  not  yet  been 
absent  two  days,  and  therefore  will  not  be  punished  as  ab- 
fconders.  1  have  influence  with  the  magistrate  here,  and 
will  insure  you  a  mere  nominal  punishment,  and  this  indiscre- 
tion will  be  forgotten  when  your  pardons  arrive.  Come,  go 
with  me  at  once ;  you  will  never  be  sorry  for  it,  and  I  will 


•\ 


ENGL  AND  AMD  VAN  DIEMAN  8  LAND. 


309 


faint 


lor 


«ven  state  to  the  magistrate  that  you  voluntarily  surrendered 
yourselves  to  me." 

•*  You  are  very  kind,  sir,  but  we  can  not  go  with  you.  We 
have  taken  tiic  bush  for  the  purpose  of  escaping  from  the 
island,  and  until  we  have  had  a  fair  trial,  and  failed,  shall  not 
surrender,  unless  absolutely  compelled  to  do  so." 

"If  there  was  any  possibility  of  your  succeeding,  I  should 
indeed  be  sorry  to  interrupt  you,  knowing  as  1  do  the  nature 
of  your  crime,  and  that  you  have  been  badly  treated  here. 
But  of  what  am  I  talking?  1  am  bound  by  my  oath  to  appre- 
hend vou,  and  must  do  so." 

My  d(3ar  sir.  you  forget  tliat  we  arc  two  to  one.  As  for 
being  taken,  rely  upon  it  we  shall  not.  I'nlcss  you  promise 
upon  your  honor  as  a  genllcnian  not  to  betray  us,  you  must 
remain  vviiore  yon  arc  until  evening." 

'•As  for  tliul,  I  have  only  to  call  for  assistance,  and  in  fifteen 
minutes  a  dozen  persons  will  be  here  ;  it  is  impossible  for  you 
to  escape." 

"I  trust  you  will  allow  us  to  pass  without  molestation;  I  shall 
be  very  sorrv  to  use  harsh  measures,  but  if  you  attempt  to  cs- 
cape  or  call  lor  help,  we  shall  certainly  make  you  repent  it." 

"Come! — what's  the  use  in  talking?  You  must  be  imngry; 
go  with  mi3  to  my  house  antl  get  a  (!up  of  tea,  after  which  I 
will  go  willi  you  to  the  magistnite." 

"  We  are  not  hungry,"  and  I  opened  our  knapsack,  showed 
him  our  stock  of  provisions,  and  explained  the  manner  in 
which  they  came  into  our  possession.  "These,"  I  continued, 
"  will  last  us  until  we  have  either  succeeded  or  failed  in  our 
enterprise,  if  the  latter,  we  shall  surrender  to  the  authorities, 
and  as  we  are  about  conmiitting  no  greater  crime  than  that  of 
escaping  from  slavery,  I  feel  confident  you  will  allow  us  to 
pass." 

"But  you  will  bo  obliged  to  steal  a  boat  in  order  to  cross 
tlie  river." 

"You  tbrget,  sir,  that  we  arc  Americans,  and  can  construct 
a  raft." 

"Raft!  pray  what  is  a  raftl  I  never  heard  such  a  word 
used  before."  '  ^ 


310 


NOTES  OF  AN  EXILE,  ON  CANADA 


•  I  explained  how  a  raft  might  be  constructed  from  drjr  tim- 
ber, to  answer  the  desired  purpose.  He  seemed  quite  aston- 
shei,  and  exclaimed, — "Well,  well,  I  have  heard  much  of 
Yankee  ingenuity,  but  this  is  something  new.  You  Ameri- 
cans can  do  any  thing.  But  have  you  really  any  hope  of 
making  your  escape  should  I  allow  you  to  passt  which  you 
know  I  cannot  do  on  account  of  my  oath.'' 

"We  have  friends  who  have  promised  to  assist  us." 
"Where  arc  they,  and  what  are  their  names'?" 
"Do  you  think  we  shall  betray  them]     We  know  better 
than  to  use  our  friends  thus." 

"I  am  glad  to  see  that  you  do.  Never  betray  your  friends." 
"Now,  sir,  you  can  look  at  these  papers,  which  will  con- 
vince you  that  we  are  at  least  men  of  principle,  even  if  we 
are  prisoners.  We  will  pledge  ourselves,  if  you  allow  us  to 
pass  unmolested,  and  we  succeed  in  reaching  our  homes,  to 
send  you  one  hund'-cd  pounds  sterling;  if  we  fail,  and  are 
obliged  to  surrender  ourselves,  you  will  get  nothing  but  our 
eternal  gratitude." 

He  looked  over  some  certificates  of  charater,  which  we 
carried  with  us,  and  returned  them,  saying,  "They  are  quite 
satisfactory,  and  I  should  feel  no  hesitation  in  lending  you  the 
sum  of  money  you  oiler  me  as  a  bribe,  if  you  required  it  and 
there  was  a  chance  of  your  succeeding ;  but,"  and  he  eyed 
me  keenly,  "do  you  sec  any  thing  in  my  countenance  which 
encourages  you  to  think  I  would  break  my  solemn  oath  for 
money  1  •  No,  no,  sir  ;  I  am  above  bribery.  I  came  to  this 
colony  several  years  since,  independently  rich.  1  have  five 
thousand  acres  of  good  land,  and  all  the  money  which  I  care 
about.  I  accepted  the  office  which  I  hold,  not  because  of  the 
salary,  which  is  of  no  consequence  to  me,  but  to  maintain 
good  order  in  the  neighborhood." 

"I  rejoice,  my  dear  sir,  to  find  that  you  are  a  gentleman  of 
honorable  principles,  and  this  encourages  me  to  hope  you  will 
allow  us  to  pass." 

"  I  have  already  told  you  that  I  am  bound  by  my  oath  to 
Btop  you.     Nothing  can  tempt  me  to  break  my  oath." 
Recollecting  that  I  had  a  letter  from  a  dear  sister,  received 


' 


ENOBh^ND  AlfD  VAN  DIEMAN's  LANDi 


311 


while  I  was  in  London,  in  my  portfolio,  as  a  last  resort  I  hand- 
ed it  to  him,  requesting  that  he  would  read  it.*  He  did  so,* 
but  had  only  read  a  few  moments  when  I  saw  a  large  tear 
trickle  down  his  manly  cheek.  Another,  and  another  follow- 
ed, and  soon  he  was  sobbing  like  a  little  child.  Stewart, 
hearing  the  sounds,  arose  from  the  bed  where  he  was  reclin- 
ing, and  plead  most  eloquently  our  now  brighte'ning  cause. 

"Are  you  a  father,"  said  Joe,  "and  would  you  hinder  us 
from  going  homo  to  gladden  the  hearts  of  parents  who  have 
suffered  years  of  dreadful  misery  on  account  of  the  absence  of 
their  children  ?  Have  you  a  mother  whom  you  love  ;  and  will 
you  not  have  compassion  on  ours?  Have  you  a  sister,  such 
a  sister  as  penned  that  letter,  and  can  you  witlihold  this  bro- 
ther, who  has  been  guilty  of  no  crime  except  fighting  in  the 
cause  of  liberty,  from  returning  to  the  homo  of  his  childhood 
to  gladden  her  heart?  No,  no!  I  will  not  believe  that  you 
will  think  of  ofiering  any  hindrance  to  our  journey.  Is  it 
such  men  as  w*e  are  whom  your  oath  requires  you  to  appre- 
hend? Is  it  not  rather  men  who  rob  and  plunder  the  peaceful 
inhabitants  of  the  island?     Why,  it  would  be  a  crime !  a  crime 

"Stockton.  Mnrcli  4th,  1839. 

Dear,  dear  Linus,  —  Witli  sen3ations  w'.iirli  I  sliall  nm  attempt  to  describe,  I  have 
tnken  my  pen  to  address  a  near  and  dear,  jel  far  distant  brotlior.  Your  letter  by  tlif 
"  Great  Western  ''  was  received  on  Friday  last  Till  then,  we  liad  not  received  a 
line  fr.iin  you  since  November  last.  The  news  we  then  received,  was  to  us  not  only 
very  distressinij,  but  wholly  niie>:,ierled.  We  had  fondly  hnpcd  and  believed  that 
you  would  soiin  be  restored  to  liberty  and  to  us;  but,  alas  !  time  has  shown  us  how 
little  we  knew  of  futurity,  and  ol"  the  men,  loo,  in  whose  power  you  were  placed. 
We  learned  from  the  papers  that  the  prisoners,  under  sentence  of  transportation,  had 
arrived  at  Quebec,  and  had  embarked  for  Liverpool,  but  this  was  afterwards  contra- 
dicted, so  that  we  were  left  in  ignorance  of  your  fate.  William  wrote  a  letter  to  you 
directing  it  to  the  care  of  the  high  sherif  of  Midland  District,  requcating  liim  to 
forward  it  to  you.  and  earnestly  entreali.ig  him  to  write  atid  give  us  snme  information 
respecting  your  fate,  but  the  re(piest  has  been  treated  with  neglect.  I  learn  by  read, 
ing  llie  papers  that  he  lias  business  which  he  probably  considers  of  more  importance. 
If  he  has  any  feelings  of  hunnuity,  and  I  am  inclined  to  believe  he  has,  his  situation 
must  indeed  be  pitiable,  for  lie  occupies  a  station  where  he  is  not  only  familiarized 
with  scenes  of  blood  and  horror,  but  is  obliged  to  be  an  instrument  in  the  perpetration 
of  them.     But  enough  of  this. 

A  few  weeks  since,  we  saw  an  account  of  the  arrival  of  the  Canadian  prisoners  at 
Liverpool.  A  list  of  their  names  was  given,  bo  that  we  were  no  longer  in  suspense 
reipecting  your  destiny  ;  but  the  sweet  hope  that  our  Linus  would  yet  be  liberated, 
and  that  his  presence  would  once  more  gladden  our  hearts,  seemed  entirely  to  fcrsake 
MS.    Mother's  tears  seemed  to  pour  forth  afreah,  and  with  a  sigh,  she  said  we  should 


312 


NOTES  OP  AN  EXILE,  ON  CANADA, 


against  our  suffering  friends;  a  crime  against  humanity  and 
against  heaven  to  stop  us.  Would  you,  oh !  would  you  send 
us  back  to  the  horrid  slavery  from  which  we  have  just  escap- 
ed? No,  I  will  not  believe  it.  I  did  not  know  before  that 
there  was  a  single  inhabitant  of  this  island,  thi?  land  of  crime 
and  suffering,  who  has  a  heart  to  feel  for  another's  woe,  but  I 
find  there  is  one,  and  I  thank  God  for  it." 

The  stranger  arose  and  offering  a  hand  to  each  of  us, 
exclaimed, — 

"  God  bless  you,  my  young  friends,  and  prosper  you  in 
your  undertaking.  I  am  a  son,  a  father  and  a  brother,  and 
that  letter  has  brought  me  to  a  sense  of  my  duty.  You,  Mr. 
Stewart,  have  said  truly;  my  oath  of  office  is  not  binding 
against  such  men  as  you.  I  would  not  hinder  you  from 
going  home  to  such  friends  for  all  the  world.  I  could  not 
sleep  nights  with  such  a  load  upon  my  conscience.  Should 
you  reach  home  in  safety,   remember  me   to  that  sister  and 

your  aged  parents,  and  tell  them  there  is  a  man,  yes,  not  one, 

« —— 

never  see  Linus  more  Our  liejirU  were  sad.  Fniipy  preseutPii  ynu  id  our  i'.nngina- 
tion  in  nil  the  fiirms  oT  sufi'ering  ntui  distrpss;  yd  we  could  not  rencli  forili  our  hand* 
aad  administer  to  ^nur  wnnls.  Yet  amidst  all  our  sorrowq.  we  did  not,  1  trust,  forget 
that  there  was  one  kind  friend,  whose  tneicil'ul  hand  is  Streiclied  out  siill.  We  did 
not  forget  that  a  just  God  '•  rules  and  reijjns  in  the  armies  of  heaven,  and  does  Hit 
pleasure  among  the  inhabitonis  of  the  earth. " 

Abojt  two  vveel<s  since,  news  came  in  the  *' Fredonia  Censor,"  that  twelve  of  the 
Canadian  prisoners  had  been  taken  from  Liverpool  to  London,  by  Mr.  Iloehuck, 
under  a  writ  of  habeas  corpus,  for  the  purpose  of  having  tested  before  the  Court  of 
Queen's  Bench,  the  legality  of  their  sentence  of  trnnsportaiion.  It  also  added  that  an 
opinion  prevailed  that  the  prisoners  would  be  acquitted.  O,  Linus!  should  I  attempt 
it  I  could  not  describe  to  jou  the  emotions  of  my  heart  on  reading  this  jo.vful  intelli- 
gence. J  had  forgotten  to  tell  you  lliat  the  names  of  the  prisoners  were  given,  and 
yours  was  among  the  number.  We  lieard  nothing  more  until  we  recreived  your 
letter,  which  created  '-i  our  hearts  a  mixture  of  joy  and  sadness— of  hope  and  fear. 
Whether  the  eflorts  of  your  kind  friends  in  England  prove  successlul  or  otherwise, 
I  trust  we  shall  ever  retain  a  grateful  recollection  of  their  kindness  and  benevolence 
in  our  hearts,  May  Qnd,  who  delights  in  those  who  shuw  mercy  to  the  unfortunate, 
reward  and  bless  them. 

I  can  not  relinquish  the  sweet  hope  of  again  seeing  you,  and  enjoying  your  society,  but 
if  God  has  olhernise  drtermined,  my  prayer  is,  that  Me  will  be  better  unto  you,  than  father 
or  mother  or  brother  or  sister.    >•**«* 

And  now,  Linus,  if  you  were  only  here,  I  think  we  should  all  be  very  happy.  Oh.  neTer, 
never  forget  us,  nor  how  much  we  wish  ip  see  you.  If  you  are  not  liberated  at  present,  1 
hope  and  believe  that  you  will  be  at  some  future  time,— if  so,  do  not  wait  a  Jay,  but  haitea 
home  and  gladden  our  hearts.  Keep  up  good  courage,  Linus,  and  continue  to  tru>t  in  God. 
May  you  yet  be  prosporoua  and  happy,  is  the  tiueere  wiilk  and  prayer  of  your  sifter, 

ELVIRA  E.  MILLER. 


\ 


did 
Ilia 


rer, 

t.  I 

tea 


ENGLAND  AND  VAN  DIEMAN^S  LAND. 


313 


but  thousands,  in  this  home  of  crime,  who  feel  for  the  vroei 
of  the  unfortunate.  Should  you  fail,  I  have  no  fear  that 
you  will  betray  me.  You  can  remain  here  until  night,  and 
then  go  on  your  way.  This  place  is  quite  safe.  I  have  never 
seen  any  body  here  except  yourselves,  during  the  whole 
period  that  I  have  o^\'ned  this  land,  anu  it  is  at  least  eight 
years  since  I  visited  this  summit  before.  Why  I  came  here 
to-day  1  know  not,  but  being  out  for  a  walk,  my  dog  came  in 
this  direction,  and  I  mechanically  followed  him.  I  trust  I 
have  not  made  you  so  unpleasant  a  visit  after  all,  as  his 
Satanic  Majesty  might  have  done,  even  though  I  am  a  district 
constable.  And  now  young  friends,  farewell  !  and  may  God 
Almighty  guide  you  in  safety  to  your  homes." 

Thus  we  parted.  Reader,  he  was  a  pattern  which  millions, 
who  call  themselves  christians,  and  boast  of  their  good 
deeds,  might  copy.  Such  a  man  might  say  with  propriety, 
in  the  lano^uaire  of  Job,  *'  The  blessino;  of  him  that  was 
ready  to  perish  came  upon  me,  and  I  caused  the  widow's 
heart  to  sing  for  joy." 

On  the  evening  of  September  2d  we  arrived  at  Sandy  Bay. 
While  our  piirty  was  stationed  there,  I  had  formed  an  ac- 
quaintance with  an  aged  man,  whose  son  was  a  Publican, 
and  one  of  those  who  had  promised  to  assist  us  in  eiTccting 
an  escape.  Knowing  that  his  house  was  the  resort  of  con- 
stables, I  felt  reluctant  to  trust  myself  on  the  premises,  but 
wrote  a  letter,  asking  Mr. to  see  the  American  cap- 
tain, and  if  possible  induce  him  to  grant  us  an   interview. 

Repairing  to  the  house  of  the  father,  I  asked  him  to  carry 
the  letter  and  deliver  it  to  his  son.  He  had  formerly  pro- 
fessed much  friendship  and  sympathy  for  our  party,  and  I 
did  not  hesitate  to  apply  to  him  for  this  favor.  He  was 
greatly -agitated  when  he  saw  me,  and  begged  me  to  leave, 
■aying  that  I  should  get  himself  and  son  into  trouble.  [All 
persons  were  forbidden  by  law  to  harbor  or  assist  any  pris- 
oner in  escaping  from  the  island,  under  a  penalty  of  five  hun- 
dred pounds.]  I  assured  him  that  our  presence  there  was 
unknown  to  any  person  except  himself,  and  if  any  difficulty 
arose,  it  could  only  be  through  his  indiscretion.    After  much 


ii 
i 


314  NOTES  or  AN  EXILE,  ON  CANADA^ 

urging,  he  consented  to  carry  the  letter  to  his  son'8<  house ^ 
which  was  only  a  few  rods  distant.  I  followed  him  to  the 
road,  and  anxiously  awaited  the  issue,  but  was  not  kept  long 
in  suspense ;  for  in  less  than  a  minute  after  he  entered  the 
door,  six  or  seven  constables  rushed  out,  followed  by  the 
old  roan,  who  sang  out,  ''  Now,  young  man,  take  care  of 
yourself;  the  constables  are  after  you  1"  ^^  You  old  reprobate  f^^ 
I  exclaimed,  and  fled.  The  pursuit  was  a  hot  one,  but  I 
soon  distanced  them,  proving  an  old  saying  of  mine,  "  there 
is  great  virtue  in  a  good  pai»  of  legs."  Turning  in  an 
opposite  direction,  I  soon  rejoined  ray  comrade,  whom  1 
had  left  behind  in  charge  of  our  baggage.  In  an  hour's 
time  we  were  snugly  ensconsed  under  a  stone  bridge,  three 
miles  below  Sandy  Bay,  where  we  had  nothing  to  do  but 
mourn  our  hard  fate.  All  our  hopes  were  thus  suddenly 
crushed  ;  for  it  would  be  madness  to  think  of  prosecuting  our 
designs,  when,  within  a  few  hours,  hundreds  would  be  on  the 
lookout  to  catch  or  hunt  us  down  like  wild  beasts  of  the 
forest.  To  attempt  any  description  of  our  feelings  would  be 
useless,  and  I  leave  the  reader  to  fancy  our  misery.  Slavery 
worse  than  death  was  before  us,  and  human  blood-hounds 
were  eagerly  "  snuffing  up  their  prey,"  to  obtain  the  reward 
offered  for  our  apprehension.  Our  comrades,  too;  what 
would  become  of  them  1 

We  remained  in  our  snug  retreat  the  following  day,  during 
which  time  more  than  thirty  constables  crossed  the  bridge  in 
search  of  us.  If  they  had  only  looked  in  the  right  place* 
doubtless  they  would  have  found  us !  At  night  we  com- 
menced a  retreat,  with  the  intention  of  returning  to  the 
Lovely  Banks  and  surrendering  to  the  authorities. 

On  the  third  day  a  circumstance  occurred  which  borders  on 
the  marvellous,  the  simple  unadorned  facts  of  which  I  shall 
relate,  and  leave  the  reader  to  draw  his  own  conclusions  ;. 
premising,  however,  that  I  am  no  believer  in  enchantment. 

We  were  traveling  along  the  side,  and  near  the  top  of  the 
ridge  of  mountains  which  runs  fromHobart  Town  in  a  north- 
erly direction  along  the  river  Derwent,  and  were,  I  should 
judge,  about  twelve  miles  from  the  former,  and  four  miles. 


\ 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


315 


from  the  latter.      As   we  were    far   from    human    habita- 
tions, we   ventured   to   travel   during  the  day,  which  was 
intensely    warm,    although    old    Wellington,    whose    head 
reached  above  the  clouds,  was  clothed  with  snow.     Not  a 
breath  of  wind,  nor  a  sound,  save  that  of  our  own  footsteps, 
and  their  echo,  broke  the  solemn  stillness  which  reigned  in 
that  desolate  region.    At  length  we  both  became  exceedingly 
thirsty,  but  could  find  no  cool  stream  of  water  in  which  to 
cool  our  parched  tongues.     Once,  indeed,  we  descended  a 
deep  ravin*e,  in  the  bottom   of  whii  h  the  sun  never  shone. 
The  tears  of  old  Night  were  still  hanging  upon  the  under- 
brush in  the   form  of  dew-drops,  which  we  eagerly  kissed 
away,  and  never  in  my  life  did  I  drink  any  thing  which  tasted 
half  so  delicious.     We   were   nearly   fainting,   when  to  our 
great  joy  we  discovered  a  beautiful  fountain  of  water  running 
from  the  base  of  a  ledge  of  rocks,  nearly  one  hundred  feet 
perpendicular.     After  making  a  cup   of  tea  and  remaining 
at  the  spring  two  or  three  hours,  we  proceeded  on  our  way. 
At  the  distance  of  about  half  a  mile  from  the  spring,  I 
detected   myself    casting  my  eyes    around  in  search  of   a 
third  person.     I  became  conscious,  at  the  same  instant,  that 
I  had  been  under  the   influence  of  a  kind  of  spell,  if  I  may 
make  use  of  the  word,  from  the  time  we   arrived   at  the 
spring,  until   that   moment.     Reason   told   me  it  must  have 
been  an  illusion  ;  yet  the  impression  that  a  stranger  had  been 
with  us  at  the  fountain,  had  taken  part  in  our  conversation, 
reclined  with  us  upon  the  bank  of  the  stre  m,  partaken  of 
our  refreshments,  and  left  the  place  in   oui  company,  was  as 
strong  upon  my  mind,  and  seemed  as  much  a  reality,  as  any 
common  place  event  in  my  existence.     I  at  once  came  to  the 
conclusion  that  the  physical  and  mental  sulTerings  which  I 
had   endured   since    absconding,   had    produced   a    partial 
derangement  of  mind  ;  and  resolved  not  to  mention  the  sub- 
ject to  my  companion.     Two  minutes  had  not  elapsed  from 
the   time  the  illusion  under  which  I  had  been  laboring  was 
broken,  when  I  observed  Mr.  Stuart,  who  was  a  few  paces 
in  advance,  pause — look  around,  as  if  in  quest  of  some  per- 
son besides  myself,  stare  at  me,  pull  of)'  his  cap  and  scratch 


316 


MOTES  OF  AN  EXILE,  ON  CANADA, 


his  forehead,  (a  custom  with  him  when  greatly  puzzled,)  aod 
finally  set  down  upon  a  fallen  tree  which  lay  near,  with 
an  expression  of  perfect  bewilderment  upon  his  countenance. 
I  took  a  seat  by  his  side,  and  the  following  dialogue  took 
place  : 

"  What  is  the  matter,  Joe  ?" 

"  Oh!  nothing  of  consequence.  But  —  have  you  seen  any 
thing  in  my  conduct  of  late  which  would  lead  you  to  sup- 
pose me  cranky  V^  (deranged.) 

"  Nothing,  except  what  has  occurred  within  a  few  mo- 
ments.    But  why  do  you  ask  such  a  question  ?" 

"  Because,  I  begin  to  think  my  head  is  a  little  cracked." 

Joseph  Stewart,  a  Pennsylvanian  by  birth,  and  a  hero  at 
the  battle  of  Prescolt,  was  a  young  man,  of  superior  intel- 
lect, extensive  information,  great  decision  of  character,  good 
principles,  and  above  all,  generous  and  amiable  disposition. 
He  possessed  all  the  requisites  of  a  pleasant  ccmpanion  and 
trustworthy  friend,  and  such,  I  am  happy  to  say,  he  has  been 
to  me  for  years.  ?,Iy  own  temi)erament  was  decidedly  san- 
guine, his  choleric,  and  I  knew  that  the  efll'ct  of  gas,  or 
any  known  substance  impregnated,  w'ould  be  difTerent  upon 
him  than  upon  myself.  Judging  from  his  manner  that,  like 
myself,  he  had  just  recovered  from  some  mysterious  influ- 
ence, I  felt  some  curiosity  to  learn  the  precise  impressions 
he  had  experienced,  and  therefore  continued  to  question  him. 

"  What  reason  have  you  for  so  novel  an  opinion  f 

"  Oh  !  I  am  not  going  to  tell  you  to  be  laughed  at ;  but, 
it  is  very  strange!" 

"  What  is  strange  %  Explain  yourself,  Joe,  and  I  prom- 
ise, that  however  ridiculous  it  may  be,  I  will  not  laugh  at 


>? 


you 

"  Promise  me  first  never  to  mention  the  subject  to  a  third 
party  without  my  permission.  They  would  certainly  think 
me  cranky^  and  I  believe  that  I  am." 

I  gave  the  desired  promise,  and  was  surprised  to  find  that 
he  had  been  the  subject  of  precisely  the  same  impressions 
as  myself.  He  was  no  less  surprised  to  hear  me  acknow- 
ledge, after  he  had  finished  his  acecant  of  the  affair,  that  I 


ENGLAND  AND  VAN  DIEMAM's  LAND. 


817 


mo- 


bad  been  duped  in  the  same  manner.  From  our  being 
absconders,  the  appearance  of  a  stranger,  even  at  n.  distance, 
would,  under  ordinary  circumstances,  have  caused  us  alarm, 
but  it  was  remarkable  that  we  both  considered  the  mysteri- 
ous person,  while  with  us,  a  companion,  who  belonged  to  our 
party,  and  with  us  as  a  matter  of  course  ;  yet  neither  of  us 
had  taken  particular  notice  of  his  countenance  so  as  to  be 
able  to  describe  it ;  but  both  agreed  that  he  was  of  common 
stature,  dressed  in  black,  wore  a  common  straight  bodied 
coat,  and  was  a  very  pleasant  and  agreeable  companion.  Nor 
could  we  tell  the  subject  of  our  own  or  the  slrangtr's  con- 
versation, but  it  seemed  that  we  had  talked,  laughed, 
related  anecdotes,  &c.,  and  that  he  bore  us  company  from 
the  spring  nearly  to  the  place  where  we  were  sitting. 

As  we  were  in  no  particular  haste  to  tlirovv  ourselves  into 
the  arms  of  our  cruel  enemies,  wo  resolved  to  spend  the 
evening  where  wc  wore,  and  return  to  the  fountain  on  the 
morrow  for  the  express  purpose  of  solving  the  mystery. — 
Neither  of  us  wished  to  go  away  without  ascertaining,  if 
possible,  the  cause  of  so  strange  an  effect.  Stewart  had  like- 
yyse  left  a  silk  handkerchief  upon  the  bank  where  wc  had 
reclined,  and  to  persons  in  our  circumstances  such  a  trifle  was 
of  some  value.  A  large  cavity  in  the  side  of  the  mountain, 
was  our  habitation  that  ni^ht.  and  in  the  niorninfr,  refreshed 
and  invigorated  by  our  rest,  we  retraced  our  steps  to  the 
apring,  determined  to  guard  against  any  illusion,  and  if  possi- 
ble discover  the  mystery. 

When  wc  came  in  sight  of  the  place  I  exclaimed,  "There 
it  is  Joe  ;  mind  now  and  keep  your  eyes  open.'' 

"Oh,  never  mind  me,"  he  replied,  "the  devil  himself  shan't 
crowd  into  our  company  to-day  without  my  knowing  some- 
thing of  his  business."   ' 

We  remained  about  three  hours  at  the  fountain,  made  and 
partook  of  some  tea,  &c.,  and  departed ;  but  when  about  as 
far  from  the  spring  as  on  the  previous  day,  I  again  caught 
myself  looking  about  for  our  fascinating  companion ;  and  in 
less  than  thirty  seconds  Joe  likewise  broke  his  spell,  and 
began  to  swear  that  old  JSTick  had  outwitted  him  again.    Botb 


318 


MOTB0  OP  AM  BXILB,  OH  CANADA, 


of  U8  had  forgotten  the  business  that  brought  us  to  the  spring, 
the  moment  we  arrived  there.  Our  strange  companion  was 
a^ain  with  us,  and  our  impressions  were  the  same  as  before. 

In  taking  leave  of  this  subject,  I  would  remark  to  my  young 
friends  who  may  chance  to  peruse  these  pages,  that  in  the 
days  of  superstition,  which  have  happily  passed  away,  it  is  to 
be  hoped  forever,  the  efibcts  which  I  have  here  described 
would,  in  all  probability,  havri  been  ascribed  to  enchantment; 
but  that  every  cflbct  has  a  natural  cause  adequate  to  produce 
it,  is  an  axiom  which  can  admit  of  no  doubt  in  iba  present 
enlightened  age.  A  repetition  of  visits  to  the  spnng,  and 
chemical  analysis  of  its  waters,  would  doubtless  have  explain- 
ed the  mystery. 

On  the  11th  September  we  voluntarily  surrendered  to  the 
authorities  at  Bagdad,  and  felt  happy  in  being  again  admitted 
within  the  walls  of  a  prison.  From  tlie  time  of  our  betrayal 
at  Sandy  Bay,  we  had  been  most  wretched.  All  hope  of 
escape  was  at  an  end,  and  the  dark  future  was  frowning  upon 
us.  Knowing  that  we  were  hunted  like  wild  beasts  of  the 
forest  by  our  enemies,  we  never  felt  a  moment's  security ; 
and  the  reflection  that  we  were  outlaws,  prohibited  the  habi- 
totions  of  our  fellow  men,  without  a  place  where  we  could  lay 
our  heads  in  safety,  to  rest  our  wearied  limbs,  rendered  even 
A  prison  a  desirable  asylum. 


XJIGLAND  AMD  VAN  MCMAv'l  LAND. 


319 


CHAPTER   XXV. 

The  Trial— Thiv  TrentHtnill.  —  An  Oiitrnge. —Tom  Hewit.  —  Tntervifw  with  Mr. 
Guni) — Iliirrid  TrentiiuMil  mi  board  tlie  Uiig  bribtflla—Taiininirs  Peninsula  tncl 
Port  Arthur. —  Tlif,  Cinimntiilanl.  —  Tlie  Convict  Overseer  anJ  Carrying  Gang. — 
Indescribable  Horror!) Stewart  in  the  Cells. 

A  FEW  (lavs  after  our  surrender,  we  were   removed  to 
Green  Potids  i'or  trial.     We  were  taken  ''ito  the  presence  of 
Major  ^insworthy   and   a   convict   clerk.     The  latter  arose 
upon  ourenlrarce,  and  read  as  follows: 

"Linus   Wilson   Miller,  and   Joseph   Stewart,   you,   and 
each   of  you,  stand  cliarg;ed  with  being  illegally  absent  irora 
•your  party  twelve  days." 

•    Major  Ainswo.th. — "  Do  you  plead  guilty,  or  not  guilty-, 
to  the  charge  ]" 

"Guilty." 

Major  Ainsworth. — "I  have  it  in  my  power  to  sentence 
you  to  perform  two  years'  hard  labor  at  Port  Arthur,  and  I 
shall  do  50." 

I  attempted  to  speak,  but  the  British  magistrate  exclaimed, 
^•■I  will  not  hear  a  single  word." 

This,  reader,  was  a  specimen  oi  summary  justice  in  the 
land  of  Nod. 

We  were  now  chained  and  handcuffed,  and  had  the  plea- 
sure of  marching  to  town  in  charge  of  a  constabUe,  where  we 
were  thrust  inlo  the  tread-mill  mentioned  in  a  preceding 
chapter.  There  were  about  one  hundred  persons  in  thii 
establishment,  mostly  convicts,  but  freemen  were  sent  there 
by  the  pdice  magistrate  of  the  town,  for  drunkenness, 
&.C.    An   immense  wheel,  about  thirty  feet  in  diameter 


11 


M 


320 


NOTES  OP  AN  EXILE,  ON  CANADA, 


and  sixty  feet  in  length,  was  kept  in  constant  motion  four- 
teen hours  of  the  twenty-four,  by  thirty  prisoners.     Every 
four  minuter,  one  of  the  men  descended  from  the   wheel 
at  one  end,  while  another  mounted  it  at  the  other;  each 
man   upon  the   wheel    thus   periodically   shifting  two   feet 
towards  the  place  of  descent,  which   was  reached  in  two 
hours.     All  who  were  too  poor  to  purchase  exemption  from 
the  overseer,  were  obliged  to  ascend  the  wheel  in  turn,  and 
perform  the  novel,  but  very  hard  labor,  of  stepping  from  slat 
to  slat  (which  were  fil'tecn  inches  apart,)  as  it  turned  upon 
its  axis.     Stewart  and  J,  owing  to  the  hardshij)s  and  priva- 
tions we  had  lately  experienced,  were  very   weak,  and  being 
poverty  stricken  J  were  of  course  obliged   *Mo  tread  out  the 
corn,"  as  it  was  significantly  termed  ;  and,  but  for  the  privi- 
lege  of  changing,  (giving  each  other  a  **spell,"   when  half 
way  through,)  could  not  have  accomplished  our  tasks.     Hard 
OS  the  trials  of  the  day  were,  those  of  the  night  were  still 
worse.     The  prisoners  under  sentence  for  Port  Arthur  were 
locked  into  a  sleeping  ward  by  themselves,  which  was  lite- 
rally alive   with  vermin  of  every  description.      Sleep  wai 
out  of  the  question,  until  one  became  so  perfectly  exhausted 
as  to  be  able  to  slumber  upon  a  bed  of  thorns.     During  the 
four  weeks  which  we  spent  here,  I  think   I  did  not  sleep 
over  two  hours  each  night.     The   number  of  inmates  wai 
daily  increasing,  and  the  scenes  enacted  by  these  wretched 
men,  during  the  hours  of  darkness,  were  of  the  n  ost  revolt- 
ing and  diabolical  character;  too  dark  to  be  written  —  too 
dreadful  to  be  thought  of  I     I  will  relate  only  one  instance 
of  a  practice  of  almost  nightly  occurrence,  which  was,  from 
its  comparatively  mild  character,  deemed  a  trifle  in  the  chap- 
ter of  outrages  usually  perpetrated.     A  new  hand  had  come 
in  during  the  day,  apparently  "flush"  with  money.     Indeed 
he  had  foolishly  exposed  a  well-filled  purse,  which  he  had 
contrived  (probably  by  tip)  to  smuggle  in.     The  stranger 
occupied  a   berth  adjoining  my  own,  and  was  soon  asleep. 
About  two  o'clock  in  the  morning,  I  likewise  became  un- 
conscious of  surrounding  evil,  from  which  I  was  awakened 
by  the  horrid  cry  of  "murder!  murder!  murder!  "  proceed- 


ENGLAlfD  AMD  TAH  DIRMAM '0  LAMD. 


321 


ing  from  a  rictira  close  by  my  side.  In  a  moment  he  was 
drawn  from  his  bed  into  the  middle  of  the  floor,  when  vio- 
lent struggles  and  fearful  cries  followed,  but  the  latter  soon 
subsided  to  groans,  he  having  been  gagged.  Some  persons 
now  commenced  overhauling  the  vacant  bed,  while  others 
tore  his  clothes  in  pieces  as  if  in  search  of  plunder.  I  should 
judge  about  ten  minutes  had  elapsed  after  the  first  cry,  when 

some  one  exclaimed,  *'I  have  it; — let  the  bloody  b r 

go! "  and  a  scrambling  for  berths  by  the  perpetrators  of  the 
outrage  took  place.  The  sufferer,  however,  lay  some  time 
on  the  floor,  unable  to  rise;  and  fearing  he  might  be  actually 
murdered,  I  groped  my  way  to  him  in  the  dark  and  offered 
assistance.  Expressing  sympathy  for  his  sufferings,  and 
indignation  at  the  outrage,  I  felt  a  hand  upon  my  shoulder, 
and  a  voice  whispered  in  my  ear,  "  If  you  say  one  word 
about  this  (tjfair,  wvHl  cut  your  bloody  heart  out  to-morrow 
night/ ^^  In  the  morning  the  poor  fellow's  face  and  hands 
were  covered  with  blood,  and  his  mouth  and  neck  so  badly 
swollen  that  he  could  cat  nothing  for  three  days  after. — 
The  linings  of  his  trousers,  waistcoat  and  jacket,  were  gone, 
and  all  his  money.  This  same  fellow,  however,  a  few  days 
afterwards,  joined  the  gang  who  had  robbed  him,  and  assist- 
ed in  serving  others  in  the  same  way. 

We  had  been  in  the  mill  but  a  few  days,  when  one  morning 
the  door  opened,  and  Tom  Hcwit,  our  former  overseer  at 
Sandy  Bay,  came  sneaking  in.  lie  had  been  on  a  drunken 
spree,  and  was  sent  here  to  pay  the  penalty  by  treading  out 
corn^  seven  days.  "  Well  met,  Tom  Hewit,"  exclaimed  my 
friend  Joe,  but  Tom  was  ashamed  to  recognize  old  acquaint- 
ances, and  walked  away  to  the  other  end  of  the  ward,  with 
a  look  of  deep  mortification.  In  addition  to  his  wanton 
cruelty  to  poor  Curtiss,  he  had  abused  me  much,  but  now^  he 
was  reduced,  for  a  time  at  least,  to  the  same  glorious  level 
with  one  whom  he  had  wronged;  and  was,  apparently, 
ashamed  to  look  me  in  the  face.  I  saw  him  offer  a  crown 
to  the  overseer  to  purchase  exemption  from  labor;  but  that 
worthy    functionary    refused   it    with    scorn,     exclaiming, 

"  No,  no  !  Tom  Hewit,  you  have  been  a  hard  overseer.    I 

21 


I 


322 


NOTES  OP  AN  EXILE,  ON  CANADA^ 


ill 


have  heard  that  you  caused  the  death  of  one  of  the  Cana^ 
dians,  by  compelling  him  to  \vork  when  sick,  and  there  aro 
two  of  that  party  here  now,  whom  you  abused  ;  they  tread 
the  wheel,  and   you  shall  do  the  same.    No !   no !   Tom 
Hewit,    I   want   none   of   your  money!"    and  so   he   had 
to  mount  the  wheel.     He  was  a  large,  stout  man,  weighing 
upwards  of  two  hundred,  which  made  the  work  doubly  hard 
to  him  ;  and,  as  the  story  of  his  conduct  towards,  the  Cana- 
dians, had  gone  the  rounds,  he  could  not  even  hire  any  one 
to  change  with  him— give  him  a  spell.     '*  He  who  shows 
no  mercy,  must  not  expect  any,"  was  the  usual  reply  to  his 
solicitations.     Three  days  had  he  taken  his  turn  upon  the 
wheel,  and  was  fast  losing  llesh.     The  fourth  was  unusu- 
ally warm,  and  when  he  got  half  way  through  the  wheel, 
he  was  dripping  wet  with  perspiration,  and  appeared  quite 
overcome  with  the  heat  and  fatigue.     Many  eyes  were  upon 
him,  and  it  was  generally  believed   that  he  would  be  unable 
to  go  through.     "  It  serves  him  right,  and  he'll  learn  how 
to  treat  his  men  after  this,"  said  the  English  prisoners.     The 
evil  spirit  within  my  breast  responded  "a77icw"  to  this;  but 
a  better   angel  whispered,   "  Love   your  enemies ;   take   a 
christian's  revenge."     1  walked  up  to  the  wheel  and  slightly 
pinching  his  leg  to  attract  attention,  exclaimed,  "Mr.  Hewit, 
you  appear  to  be  fatigued;  come  down,  and  I  will  relieve 
you."     He  did  so  without  hesitation,  and  when  I  descended, 
stood  ready  to  olfer  me  his  hand,  while  tears  streamed  from 
his  eyes.     He  was  about  to  speak,  but  I  interrupted  him, 
saying,  "1  know  what  you  would  say  ;  but  let  it  pass  :  you 
are  freely  forgiven  on    my  ]>art."      ''•Oh,"  he  exclaimed, 
"this  is  too  much;  but  I  richly  deserve  it  all.     II  you  had 
struck,  kicked  or  even  spit  upon  nic,  I  would  have  borne  it 
in  silence,  for  I  knew  I  merited  such  treatment  at  your  hands, 
but  I  was  not  prepared  for  this.     But  I  will  make  atonement 
for  the  past  while  I  live.  I  will  never  ill-treat  my  men  again.'* 
The  next  day  an  English  felon  was  about  dealing  me  a  blow 
for  having  accidentally  trodden  upon  his  "sore  foot,"  but 
Tom  Hewit  stepped  up,  and  shaking  lis  huge  fist  in  the  fel- 


ENGLAND  AND  VAN  DIEMAn's  LAND. 


323 


low's  face,  exclaimed,  "Touch  a  hair  of  his  head  if  you  dare} 
I  would  die  ri<;hting  for  that  man." 

On  the  20th  October,  a  vessel  arrived  from  Port  Arthur  to 
convey  thither  the  prisoners  under  sentence.  I  asked  per- 
mission to  see  Mr.  Gunn  before  we  embarked,  which  was 
granted.  When  I  stood  before  him,  (doubly  ironed  and  hand- 
cuffed) he  ordered  his  clerks  to  leave  the  office. 

"Well,  Miller,"  said  he,  in  a  tone  which  sounded  kind, 
"  what  do  you  want  ?" 

"  From  wiiat  I  hear  of  Port  Arthur,  I  fear  that  Stewart 
and  myself  will  neither  of  us  live  to  return.  W^e  aro  already 
greatly  eiiuuiatcd  ;  and  how  we  can  bear  and  live  under 
greater  hai(lshi[)s,  Heaven  only  knows.  But  as  you  have 
professed  iVioiulship  for  me,  I  lake  the  liberty  to  re(iviest  that 
in  case  I  parish  llieie  you  will  write  to  my  father,  and  bieak 
the  subject  to  him  in  as  cautious  a  manner  as  possible.  You 
are  yourself  a  father;  and  I  need  noi  say  more.  Do  not 
think,  however,  sir,  from  my  making  this  request,  that  my 
heart  is  faint  or  my  spirit  cowardly.  If  I  sink  under  my 
sufferings,  it  will  not  be  from  either  of  these  causes,  but  a 
want  of  stieiiotli  to  bear  them.  I  shall  struggle  to  the  last, 
and  the  consciousness  of  receiving  undeserved  punishment, 
will  at  least  sweeten  the  bitter  cup.  1  likewise  wish  to  say 
to  you  that  I  consider  we  have  been  must  unjustly  dealt  by. 
The  Engli.sh  prisoners  are  seldom,  if  evtr,  sent  to  Port 
Arthur,  ioitlie  first  offense.  I  have  known  many  instances, 
during  the  few  months  I  have  been  in  the  colony,  in  which 
for  the  thin],  fourth,  and  even  sixth  attempt  to  escape  from 
the  island  by  prisoners  of  very  bad  character,  who  have  been 
tried  for  various  offenses  perhaps  twenty  times,  no  heavier 
punishment  than  fourteen  days'  solitary  confinement  has  been 
inflicted.  Now  you  have  not  a  scratch  of  the  pen  on 
your  books  against  either  Stewart  or  myself,  except  this  one 
offense.  We  were  only  absent  twelve  days,  during  which 
time  we  committed  no  depredations  whatever  upon  private 
property — which  can  not  be  said  of  English  prisoners  when 
they  abscond — and  we  voluntarily  surrendered  ourselves  at 
Bagdad.     Yet  without  being  allowed  to  say  a  single  word  in 


I 


324 


K0T£8  OF  AN  EXILE,  ON  CANADA , 


our  defense,  we  have  been  sentenced  to  two  years'  hard  labor 
at  Port  Arthur.  This  is  the  heaviest  penalty  known  to  the 
law  for  our  offense,  and  I  must  say  I  think  it  very  hard  and 
unjust." 

Mr.  Gunn. — "  You  might  have  been  tried  under  the  *  black 
act,'  as  it  is  called,  and  hung  for  breaking  out  of  your  hut." 

"  Has  any  prisoner  ever  been  tried  under  that  law,  a  law 
which  was  passed  nearly  twenty  years  ago,  a  law  in  which  tho 
j)enalty  was  so  disproportionate  to  the  offense  that  even  Colo- 
nel Arthur  lacked  the  hardihood  to  enforce  it." 

Mr.  Gunn. — "  But  it  has  never  been  repealed,  and  you  might 
have  been  tried  under  it.  The  government  of  this  colony  had 
the  power  to  do  so." 

"Am  I  to  understand  that  you  would  justify  the  government 
in  hanging  a  man  for  that  offense'?" 

Mr.  Gunn. — "By  no  means;  1  think  it  would  be  very  wick- 
ed to  do  so.  But  you  might  have  been  tried  for  felony,  and 
sentenced  to  transportation  for  fourteen  years,  for  stealing 
government  property.  You  took  each  a  blanket,  tin  pannakin, 
and  all  the  clothing  on  your  backs." 

"  As  for  the  clothing  on  our  backs,  my  dear  sir,  you  would 
have  found  some  difficulty  in  defining  its  value,  and  as  we  had 
been  due  for  new  clothing  two  months  when  we  left,  yon 
would  have  made  but  a  lame  case  put  of  our  old  rags.  As 
for  the  blankets  and  pannakins,  we  certainly  took  them  with 
us,  but  they  were  articles  served  to  us  when  we  landed  on 
the  island,  and  we  were  told  that  they  were  ours,  that  we 
must  make  them  last  two  years,  and  that  we  were  accounta- 
ble for  their  safe  custody.  Now,  sir,  when  we  surrendered, 
I  called  the  district  constable  and  delivered  those  very  articles 
to  hirn  in  the  presence  of  witnesses.  Methinks  the  govern- 
ment of  this  colony  would  have  engaged  in  small  business  in 
trying  to  nvake  out  a  case  of  felony  from  this." 

Mr.  Gunn. — "Well,  well,  so  they  would.  And  now  we 
have  talked  the  matter  over  a  little,  I  will  speak  my  own  sei> 
timents  on  the  subject  without  reserve.  Had  I  tried  you,  I 
■hould  not  have  dreamed  of  sending  you  to  Port  Arthur.  I 
have  been  a  magistrate  of  this  colony  nearly  twenty  years, 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


325 


•d  labor 
i  to  the 
ard  and 

'  black 
•  hut." 
V,  a  law 
hich  the 
en  Colo- 

)u  might 
lony  had 

rcrnment 

srv  wick- 
lony,  and 

stealing    . 
pannakin, 

ou  would 
IS  wc  had 
left,  you 
rags.  As 
hem  with 
landed  on 
5,  that  we 
accounta- 
•rendered, 
ry  articles 
ic  govern- 
)usiness  in 

i  now  we 
\f  own  sei>- 
•ied  you,  I 
Arthur.  I 
inty  years, 


during  which  period  I  have  never  known  so  hard  a  case  as 
yours.  I  felt  when  I  heard  of  your  sentence,  that  it  was 
very  distressing,  and  much  regretted  that  you  did  not  surren- 
der yourselves  here  in  order  that  I  could  have  tried  you. — 
Why  Major  Ainsw^orth  was  so  severe,  I  can  not  imagine.  1 
can  not,  however,  interfere  at  present  with  the  sentence 
which  he  has  passed  upon  you ;  but  when  one  half  of  it  has 
expired,  if  you  will  petition  his  Excellency  for  the  remission 
of  the  remainder,  and  forward  the  petition  to  me,  1  will  sec 
tliat  you  arc  removed.  1  would  do  more  than  this,  if  1  could, 
but  it  is  out  of  my  power.  You  must  do  the  best  you  can 
at  Port  Arthur  until  then,  when,  if  your  conduct  remains  as 
good  as  heretofore,  I  will  take  care  that  you  do  not  suffer  in 
this  way  again.  Be  assured  you  have  my  deepest  sympathies, 
and  depend  upon  my  friendship,  let  what  will  occur.  I  shall 
certainly  write  to  your  father,  if  necessary,  as  you  desire;  but 
I  trust  there  will  be  no  occasion  for  it.  Tell  your  comrade 
tliat  I  deeply  sympathise  with  him,  and  will  not  fail,  upon  his 
return  to  town,  to  place  him  in  some  situation  where  he  will 
be  comfortable  so  long  as  he  remains  on  the  island.  Take 
care  of  yourselves,  and  do  not  forget  to  petition." 

Our  suffierings  on  board  the  brig  ^'  Isabella,"  during  the 
passage  to  Port  Arthur,  were  ten-fold  greater  than  we  had 
before  experienced.  The  space  between  decks  was  not  four 
feet  in  depth,  and  could  not  have  exceeded  six  feet  by  ten  ; 
yet,  into  this  narrow  hole,  forty -six  prisoners  were  crowded, 
all  of  whom  were  doubly  ironed,  and  hand-cuffed  in  pairs. 
Only  about  one-fourth  of  the  number  could  enjoy  the  luxury 
of  sitting  upon  the  floor  at  once,  for  want  of  room,  and  the  re- 
mainder, be  it  remembered,  could  not  stand  upright,  but  yet 
were  obliged  to  support  themselves  upon  their  feet,  and  lean 
forward,  at  the  same  time  clinging,  with  their  manacled 
hands,  to  their  companions.  In  short,  all  were  literally 
wedged  in,  and  when  the  vessel  pitched  and  careened  from 
side  to  side,  we  were  thrown  into  heaps  upon  the  floor ;  the 
wrenching  of  the  irons  upon  our  limbs  producing  the  most 
excruciating  pains  and  torture,  and  the  weight  of  the  upper- 
most crushing  those  beneath,  half  to  death.    The  most  hor- 


326 


KOTSS  OF  AN  fiXILE,  ON  CANADA, 


rid  oaths  and  imprecations  mingled  with  the  cries  and  grouM 
of  the  poor  wretches.  Nearly  all  were  sea-sick,  and  the  deck 
was  literally  a  pool  of  nauseous  matter,  produced  by  -vomit- 
ing. Every  man  was  wet  to  the  skin  with  it,  and  the  stench 
was  intolerable.  The  only  air  which  we  breathed  was 
admitted  through  a  hatchway  about  three  feet  square,  and 
those  most  remote  from  this  opening  were  nearly  suffocated. 
"Water!  water!  for  God's  sake,  some  water!"  was  con- 
stantly vociferated  by  a  dozen  voices  at  a  time  ;  but  the 
monsters  who  had  charge  of  us  would  only  hand  down  a  tin 
pannukin  full,  (less  than  a  pint,)  at  stated  intervals.  Many 
fainted,  but  it  was  with  the  greatest  difficulty  that  they  were 
dragged  to  the  hatchway  in  order  that  a  little  fresh  air  might 
save  their  lives.  At  the  end  of  thirty-six  hours  we  reached 
Port  Arthur,  in  a  state  of  misery  which  language  cannot 
describe. 

It  is  a  subject  which  can  excite  no  surprise  to  the  reader, 
that  penal  settlements  should  be  formed  in  convict  colonies, 
where  those  who  violate  colonial  laws,  and  are  found 
to  be  incorrigible  offenders,  should  be  sent  for  additional 
punishment.  Such  a  settlement  was  established  on  Tasman's 
Peninsula,  in  the  year  1830,  by  Col.  (now  Sir  George) 
Arthur,  after  whom  it  was  named.  This  Peninsula  lies  on 
the  south-east  side  of  the  island,  distant  from  Hobart  Town 
fifty  miles,  and  contains,  I  should  judge,  upwards  of  two 
hundred  square  miles.  Its  coast  is  like  that  of  the  main 
land,  mostly  iron-bound  and  very  irregular,  but  forms  sev- 
eral harbors,  the  best  of  which  is  called  Port  Arthur,  and 
lies  several  miles  inland.  Its  surface  is  marked  with  high 
hills,  several  of  which  are  termed  mountains.  Mount  Ar- 
thur, Mount  Communication,  and  Brown  Mountain,  are  the 
most  important.  The  former  lies  within  two  miles  of  the 
settlement,  and  is  about  1500  feet  high.  Port  Arthur,  upon 
the  western  side  of  which  the  settlement  stands,  is  a  beauti- 
ful and  spacious  bay,  containing  sufficient  anchorage  ground 
for  a  large  fleet  to  ride  in  safety  upon  its  smooth  surface  ; 
but  the  channel  through  which  it  is  approached,  is  somewhat 
intricate  and  dangerous.    Nature  has  done  her  part  in  ren- 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


zrf 


dating  it  one  of  the  most  pleasant  and  romantic  places  in 
that  quarter  of  the  globe  ;  but  man  has  converted  it  into  a 
home  of  woe,  sin  and  shame.     The  dreadful  scenes  enacted 
here    despoil    nature    of   all    her   loveliness,    and    stamp 
gloominess,  despair  and  death,  upon  every  object.     The  set- 
tlement, when  viewed  from  the  harbor,  has  the  appearance 
of  a  considerable  village.     The  officers'  quarters,  (which  are 
good  buildings,)  the  military  barracks,  large  stone  hospital, 
&c.,  cover  the  side  of  a  considerable  hill,  fronting  the  bay. 
To  the  right  are  the  prisoners'  barracks,  enclosing  nearly 
two  acres  of  land,  and  surrounded  by  a  wooden  barricade  ; 
while  still  farther  on  are  seen  the  church  and  parsonage  ;  a 
I  :auti(ul  alley,  formed  of  choice  trees,  leading  to  the  former  ; 
and  its  steeple  towering  above  surrounding  objects.     A  very 
large  biick  building,  four  stories  high,  consisting  of  a  mill 
and   commissariat  store-house,    offices,    &c.,    stands  on   an 
embankment,  within  n  few  rods  of  the  wharf.     Upon  the 
northern  side  is  the  dock-yard,  &c.,  where  some  fine  vessels 
have  been  built  by  the  prisoners.     I  saw,  during  my   stay 
here,  two  beautiful   vessels  launched  ;    the  first,  the  barque 
*' Lady  Franklin,"  of  350  tons,  and  the  other  a  schooner  of 
120  tons. 

On  the  morning  of  October  22d,  we  were  landed  at  Port 
Arthur,  and  marched  to  the  store-house,  where  our  chains 
were  taken  off,  and  a  suit  of  new  clothing  served  to  each 
man,  consisting  of  a  sheep-skin  cap,  striped  shirt,  jacket, 
waistcoat,  and  shoes.  These  were  the  only  articles  of  cloth- 
ing allowed  to  be  worn.  The  suit  was  v:hat  is  termed  in  the 
land  of  Nod,  "magpie  ;"  one  half  being  black,  and  the  other 
yellow,  arranged  so  that  the  front  of  one  limb  of  the  wearer 
was  yellow,  while  the  other  was  the  before-mentioned  color, 
&c.  Washing,  and  shearing  the  hair  as  close  to  the  head  as  it 
could  be  cut,  was  the  next  operation  to  which  we  were  sub- 
jected, after  whieh  we  were  taken  to  the  commandant's  office, 
ajid  the  rules  of  the  settlement  read  to  us.  These  were  very 
strict,  lengthy,  and  minute.  It  took  the  clerk  at  least  an 
hour  to  get  through  with  them,  and  required  a  wonderful 
memory  to  recollect  one-tenth  of  the  whole  code.    We  were 


^:i 


'i  ] 

at 


328 


'  ^  MOTES  OP  AN  EXILE,  ON  CANADA, 


informed  by  the  commandant,  Charles  O'Hara  Booth,  Esq., 
that  we  had  come  to  a  place  o[  punishment ;  and  that  for  the 
first  few  months,  it  would  be  very  severe ;  but,  if  our  con- 
duct was  good,  the  last  part  of  our  term  of  sentence  would 
be  more  tolerable. 

When  he  had  done,  we  found  a  convict  overseer,  of  the 
name  of  Sawyer,  waiting  for  us.     His  first  salutation  was, 

"Now  you  bloody  new  chum '!  I  have  you  !     I  will  run 

your  legs  all  off,  and  have  a  dozen  flogged  before  night,  into 
the  bargain.  Come  on,  and  I  will  sh->w  you  what  it  is  to 
work!  ha!  ha!  ha!"  and  away  he  started  for  the  bush, 
walking,  or  rather  running,  at  the  rate  of  at  least  five  miles  per 
hour.  He  conducted  us  to  a  saw-pit,  where  there  was 
a  large  quantity  of  lumber  of  various  descriptions.  "  Seize 
them,"  shouted  he,  "and  away  to  the  settlement!  my 
bloody  eyes  ;  but  this  will  bring  you  to  your  senses  !  But 
it  is  nothing  to  what  I've  got  for  you  to-morrow." 
Although  seventy  pounds  was  a  legal  load,  according  to  the 
settlement  rules,  some  of  these  sticks  weighed  from  200  to 
300  lbs.  I  selected  as  light  a  one  as  I  could,  shouldered  it 
with  the  greatest  difficulty,  and  staggered  away.  Several 
men  swore  they  could  not  carry  them,  to  which  Sawyer 
replied,  "go  along  without  them,  then  ;  and  1  will  take  you 
to  the  office.     But  perhaps  you  don't  know  what  the  office 

is  1     It  is  where  you  heard  that  d d  long  code  of  laws 

read  to-day.  So  sure  as  I  take  you  there,  you  will  be 
flogged  and  sent  to  bring  the  very  loads  you  now  refuse, 
when  if  you  don't  carry  them,  you  will  be  flogged  until  you  do. 
There's  no  such  word  as  canH  at  Port  Arthur."  When  we 
got  half  way  to  the  settlement,  we  were  allowed  to  rest  for 
five  minutes,  at  the  expiration  of  which,  "pick  them  up!" 
was  shouted,  and  we  carried  them  in,  a  distance  of  half  a 
mile,  the  overseer  walking  as  fast  as  he  could  without  any  load, 
and  continually  singing  out,  "Come  on,  you  bloody  crawlers  ; 
keep  up  or  go  to  the  triangles."  The  moment  the  loads  were 
(Uposited  in  the  lumber  yard,  "come  on,"  was  again  shouted^ 
and  back  we  went  for  another  load.  This  time  tour  poor 
fellows  were  unable  to  carry  their  loads.    One  of  them  got 


■ 


; 


ENGLAND  AND  VAN   .^MAN'S  LAND. 


329 


Lis  stick  about  two -thirds  of  the  distance,  and  fell  under  it, 
close  by  my  side.     "  Pick  it  up,"  said  Sawyer,   "  or    be 

flogged."     "Flog  and  bed d!"  said  the  other,  "for  I 

canH  carry  it  another  inch."  Three  of  the  four  were  flogged 
in  less  than  an  hour.  They  were  covered  with  blood  when 
they  returned  and  carried  their  loads.  The  fourth  was  a 
poor,  sickly-looking  fellow,  and  the  commandant  was  com- 
passionate enough  to  sentence  him  to  five  days'  solitary  con- 
finement on  bread  and  water,  instead  of  ordering  him  to  the 
triangles.  This  sentence,  although  hard,  was  actually  a 
mercy,  as  it  gave  him  a  chance,  not,  certainly,  to  gain  much 
strength  upon  a  pound  of  bread  per  day,  but  to  rest  himself 
after  the  dreadful  sufferings  of  the  passage,  and  there  were 
but  few  among  us  who  did  not  envy  him.  Night  came  at 
last,  and  never  had  the  setting  sun  looked  so  much  like  an 
angel  of  mercy  to  me  before.  Let  the  reader  remember  what 
our  previous  sufferings  had  been,  particularly  during  the 
passage,  and  then  he  can  form  but  a  faint  idea  of  my  condi- 
tion. Bad  as  the  present  was,  the  future  was  still  more 
horrible  to  reflect  upon.  I  knew  that  I  could  not  long 
endure  the  horrors  of  the  "carrying  gang,"  as  it  was  called, 
for  I  was  sadly  emaciated,  and  worn  out  already.  The  sys- 
tem pursued  toward  the  new  hands  bad  been  previously 
explained  to  me  by  an  English  prisoner,  who  had  served 
two  years  at  Port  Arthur,  and  I  felt  that  there  was  no  hope, 
unless  He  who  "tempers  the  wind  to  the  shorn  lamb," 
should  save  me.  It  was  the  rule  to  keep  prisoners  three 
months  in  this  gang  after  their  arrival.  The  work  was  gene- 
rally as  hard,  and  frequently  much  harder  than  I  had  that  day 
performed.  From  ten  to  twenty  men  were,  with  but  few  excep- 
tions, daily  taken  before  the  commandant,  (charged  by  the 
overseer  with  idleness,  disobedience  of  orders,  insolence, 
&c.,)  who  made  it  a  rule  to  flog  them  without  mercy.  Occa- 
sionally, the  debilitated  state  of  the  prisoner  procured  for 
him  the  milder  punishment  of  the  cells ;  but  so  long  as  ho 
was  in  this  gang,  being  taken  to  the  ofRce  insured  him 
certain  punishment  of  some  kind.  The  overseer  (Sawyer) 
was  a  devil  incarnate,  if  there  ever  lived  one.    He  had  been 


I 

I 


#5  1 


130 


NOTES  or  AN  EXILE,  ON  CANADA, 


■entenced  to  death  for  highway  robbery  once,  and  twice  to 
transportation  for  life,  five  years  of  the  last  to  be  spent  at 
Port  Arthur,  which  sentence  he  was  now  iinderpjoing. 

He  was  probably  made  overseer  of  this  gang  on  account 
of  his  being  a  perfect  tyrant ;  but  I  am  satisfied  the  com- 
mandant, who  was  really  an  excellent  man,  did  not  know  of 
many  of  his  practices,  or  he  would  have  been  severely  pun- 
ished. Every  new  load  of  prisoners  from  town  always 
brought  some  money  with  them.  This  was  strictly  prohib- 
ited, and  many  ingenious  plans  were  devised  to  smuggle  it, 
one  of  which  was,  swallowing  ])ieccs  of  gold.  Every  per- 
son in  the  gang  was  of  course  liable  to  be  suspected  of  pos- 
sessing these  hidden  treasures,  and  in\ order  to  discover  the 
real  Simon  pnres,  and  compel  them  to  '''fork  ovcr,^'  the 
whole  were  continually  *•'  run,^^  as  it  was  termed,  for 
months.  Loads  which  it  was  impossible  to  carry  were 
heaped  upon  them,  until  some  excuse  was  Ibund  to  take 
them  to  the  office.  Knowing  the  dreadful  punishment  that 
awaited  them,  they  would  generally  give  up  their  gold,  and 
Sawyer  instead  of  persecuting  them  further,  or  taking  them 
to  the  office,  wordd  allow  them  to  go  into  the  bush  and  lie 
at  their  ease  while  the  others  worked.  Some  would  stand 
flogging  three  or  four  times  before  they  yielded  their  money, 
and  this  encouraged  the  overseer  to  persevere  in  his  perse- 
cution of  others  who  were  not  possessors  of  a  penny.  I 
have  no  hesitation  in  asserting  that  hundreds  are  yearly 
ruined  in  health  for  their  lives,  in  this  gang,  and  many  are 
carried  from  the  gang  to  the  hospital,  and'^a^a  thence  to 
their  graves.  Perjury  of  the  blackest  character  was  contin- 
ually practised  by  Sawyer,  when  he  took  the  men  to  the 
office.  If  the  \'ici]m  fell  under  his  enormous  load,  the  wretch 
would  swear  that  he  threw  it  down  and  said  he  would  not 
carry  it ;  or  if  he  used  a  word  of  remonstrance,  he  would 
charge  him  with  outrageous  insolence,  and  make  his  conduct 
appear  so  bad  that  the  commandant  would  order  him  to  be 
flogged  as  an  incorrigible  offender. 

It  was  in  vain  that  any  defense  was  offered  by  the  victim. 
If  he  told  the  commandant  that  his  load  was  so  heavy  he 


ENGLAND  AND  VAN  DIEMAN'S  LAND. 


331 


could  not  carry  it,  that  gentleman  would  order  Sawyer  to 
bring  it  to  the  office,  that  he  might  see  it.  The  wretch  would 
select  a  light  load  instead  of  the  real  one,  bear  it  to  the  office, 
and  swear  that  it  was  the  one  which  the  prisoner  refused  to 
carry.  If  the  prisoner  denied  a  charge  of  insolence,  and 
called  his  comrades  as  witnesses  to  prove  Sawyer  a  perjurer, 
they  durst  not  speak  the  truth,  knowing  that  in  a  day  or  two 
he  would  persecute  them  to  death  for  it. 

Under  such  circumstances,  who  could  wish  to  live]  I  felt 
that  I  could  endure  any  thing  but  a  flogging ;  and  even  tho 
torture  of  the  lash  1  cared  but  little  for,  but  the  dcfrradation 
1  could  not  bear ;  and  resolved  that  I  loould  not.  There  was 
an  alternative  in  case  I  was  sentenced  to  this  punishment, 
which  was  to  ])crish  first  by  my  own  hand.  Whether  I  should 
have  (lone  it  or  not,  if  put  to  the  test,  I  can  not  say ;  but  I 
thank  Heaven  that  I  was  sj)arcd  the  trial.  I  tlionght  then  tliat 
1  should  be  justified  in  doing  it,  but  reflection  has  convinced 
me  that  it  would  iiavc  been  wrong  to  rush  unbidden  into  the . 
presence  of  the  Almighty.  For  the  sake  of  kindred  I  deter- 
mined to  exert  myself  to  the  very  utmost,  and  bear  all  which 
the  strength  I  possessed  would  enable  me  to,  in  averting  the 
triangles ;  yet  there  was  not,  apparently,  one  chance  in  a 
thousand  for  success. 

It  was  customary  to  keep  the  new  hands,  for  the  first  throe 
or  four  weeks,  at  night,  in  the  cells.  Tiiere  were  114  of  these, 
nearly  all  of  which  had  occupants.  They  were  built  of 
stone,  and  were  very  damp  and  cold.  Wc  were  allowed  a 
blanket,  rug,  and  thin  ))ed-tick,  (unfilled,)  and  a  board  shelf  to 
sleep  upon.  This  was  indeed  a  luxury,  after  the  dreadful 
hardships  of  the  day. 

The  next  morning,  at  sunrise,  the  bell  rang  for  labor,  and 
"  Come  on,"  &c.,  again  sounded  in  our  ears.  My  own  limbs 
were  so  stiff  and  sore  that  it  seemed  I  could  not  stand  upon 
my  feet.  I  Hkewise  felt  exceedingly  weak.  Poor  Stewart 
was  as  bad  as  myself.  We  looked  at  each  other  in  silence, 
each  feeling  that  there  was  no  consolation,  no  hope  to  hold 
out  to  the  other.  When  we  arrived  at  the  load,  which  wai 
to  be  carried  a  distance  of  a  mile  through  the  thick  bush, 


it-ii 


182 


MOTES  OP  AN  EXILE,  ON  CANADA, 


horror-stricken  as  I  was  at  the  sight  of  it,  I  seized  my  faithful 
comrade  by  the  hand,  and  exclaimed,  "  Stewart,  never  give 
up  the  ship!"  lie  pressed  my  hand  and  answered,  "God  must 
give  us  strength  to-day,  or  we  arc  lost!"  These  were  the 
only  words  which  cither  of  us  spoke  that  day ;  but  there  was 
many  an  agonizing  look  })asscd  between  us ;  many  a  secret 
prayer  sent  uj)ward  to  the  prisoner's  God. 
A  stick  of  green  timber,  eighteen  inches  square  and  forty 

feet  in  length,  lay  before  us.     "Now,  you  bloody !  I  am 

going  to  teach  you  what  Port  Artimf  is,  and  if  any  of  you 
don't  like  the  lesson,  you  have  only  to  get  a  taste  of  the  cat- 
o'-nine-tails,  and  my  bloody  eyes!  but  you  Mill  fall  in  love 
with  this  business  at  once.  Every  man  stand  up  straight 
when  under  it,  if  it  drives  his  legs  into  the  ground  two  feet. 
Thirty-six  lashes  is  the  penalty  here  for  bending  one's  back 
under  a  load ! "  Selecting  twenty  men,  he  ])laced  ten  upon 
each  side,  opposite  each  other,  and  after  ordering  the  remain- 
der of  the  gang  to  carry  some  round  spars,  which  was  almost 
as  hard  work  as  carrving^  the  sawn  timber,  he  exclaimed — 
"Seize  it!  up!  up  with  it!  shoulder  it,  you !"  But  seve- 
ral attempts  were  made  before  it  could  be  done.  "Away  you 
go  to  the  settlement,"  and  we  started,  staggering  as  we  went. 
Had  the  ground  been  even,  and  the  men  of  the  same  height, 
it  could  have  been  carried  much  easier ;  but  the  tallest  labored 
under  a  great  disadvantage,  inasmuch  as  they  must  often 
cither  carry  the  whole  load  or  be  crushed  beneath  it.  I  was 
the  tallest  man  in  t!ie  gang,  notwithstanding  which,  I  was 
required  to  stand  upright.  Several  times  was  I  literally  crush- 
ed to  the  earth,  on  which  occasions  I  was  threatened  with  tho 
triangles ;  and  oaths  and  shameful  abuse  showered  upon  me, 
not  only  by  Sawyer,  but  the  men,  who  at  such  times  got  their 
tharc  of  the  load.  We  were  allowed  to  re'st  only  once  on 
the  way,  and  when  we  reached  the  settlement,  I  was  nearer 
dead  than  alive.  On  our  way  back  to  the  bush  we  were 
obliged  to  run,  at  least  part  of  the  way  ;  and  yet  it  seemed  to 
me  I  could  not  stand  upon  my  feet.  It  was  only  by  exerting 
my  physical  powers  to  the  very  utmoit,  that  I  got  through 


ENGLAND  AND  VAN  DIEMAN*8  LAND. 


333 


with  the  day,  during  which  many  of  the  men  were  flogged  or 
sentenced  to  partial  starvation  in  the  (^ells. 

The  following  day,  Stewart  threw  down  a  very  heavy  load, 
and  told  Sawyer  ho  was  ready  to  die,  hut  could  not  carry  it. 
He  was  taken  to  the  olTice  and  tried  for  idleness,  insolence j  and 
disobedience  of  orders.  This  was  the  charge  which  the  demon 
overseer  preferred  ngainst  hiiu,  under  oath.  When  called  upon 
for  his  defence,  Stewart  stated  tiie  simple  truth,  and  implored 
the  comn^andant  to  spare  him  the  degradation  of  the  lash.  "If 
you  would  kill  me,  or  if  you  would  have  me  kill  myself,''  said 
he,  "  Hog  me  ;  but  if  you  have  any  comj)assion,  pass  some 
other  sentence.  Starve  me  to  death  in  the  cells ;  load  me 
with  irons ;  extend  my  term  of  sentence  ;  any  thing  but  a  flog- 
ging." "  Look  at  his  police  character,"  said  the  commandant 
to  his  clerk.  This  document  was  placed  in  the  magistrate's 
hand.  *'  What,"  exclaimed  he,  after  perusing  it,  ''you  are  then 
one  of  the  Canadians,  sent  here  for  absconding  ;  no  other 
charge  ever  preferred  against  you.  You  look  very  emaciated 
and  weak  ;  are  you  willing  to  do  all  and  sufl'or  all  which  your 
strength  will  admit  of  ?  I  never  flog  a  man  when  1  think  he  is." 
"  Indeed  I  am,"  replied  Stewart.  "  I  shall  sentence  you  to 
three  days'  solitary  cor.iinement."  "  Thank  you,"  said  Stew- 
art ;  and  he  was  removed  to  the  cells,  where,  as  he  after- 
wards informed  me,  he  fell  upon  his  knees,  and  thanked  heaven 
for  his  deliverance ! 


334 


jfOTBS  OP  AN  EXILE,  ON  CANADA^ 


CHAPTER   XXVI. 

Horrible  SufTeriiijTj.  —  The  Old  Granny  visits  Port  Arthur.  —  Speeclillyiiig.  —  A 
Change.— Tlie  Invnlid  Gang.— The  Ghartiit  Prisoners.- The  Ciial  Mines.— Tbe 
Billet. —  Protnution  from  tlie  H'asktub, —  Rev.  J.  A.  Manton.— The  Evening  School. 
—  Eagle  Hawk  Neck. —  Crimes,  iVc—  The  Itlc  of  the  Dead. 

To  the  Great  Ruler  of  human  destinies  would  I  ascribe 
the  preservation  of  my  life,  and  escape  from  the  dreaded 
torture  of  the  triangles,  while  in  the  carrying  gang.  Every 
man  except  myself,  who  had  no  money  to  give  the  overseer, 
•was  flogged  in  less  than  a  fortnight.  Often,  very  often,  was 
I  threatened  with  the  same  fate ;  more  particularly  when 
crushed  to  the  earth  by  the  heavy  timber.  Sawyer  seemed  to 
owe  me  a  great  sjrite  on  account  of  ray  nationality,  contempt 
of  himself  and  the  English  convicts  generally,  and  above 
all,  patience  under  his  abuse.  Whatever  my  feelings  were, 
I  bore  all  in  silence,  knowing  that  I  could  gain  nothing,  but 
had  every  thing  to  lose  in  contending  with  such  a  wretch. 
Stewart,  whose  health  was  sadly  impaired,  escaped  further 
persecution  by  being  shifted  into  the  invalid  gang.  The 
labor  continued  the  same  as  described  in  the  preceding 
chapter.  1  am  confident  that  I  did  all  and  suffered  all 
which  any  man  of  the  same  strength  could  to  save  his  life. 
Day  after  day  I  struggled  on,  half  starved,  emaciated,  subject 
to  the  most  horrible  physical  and  mental  torture,  and  pray- 
ing either  for  death  to  end  my  sufferings,  or  Heaven  to  grant 
me  more  strength  to  bear  them.  The  shoes  which  were 
•erved  to  us  on  our  arrival,  were  very  rough  inside,  and  as 
we  were  obliged  to  wear  them  without  'S'^cks,  and  either  run 
or  walk  as  fast  as  possible  during  the  day,  our  feet  soon 


ENGLAND  AMD  VAN  DIEMAn's  LAND. 


330 


became  perfectly  raw.  At  the  risk  of  being  punished  for 
destroying  government  property,  I  tore  some  pieces  from 
tiic  iiew  sliirt  on  my  back,  which  I  wrapped  around  my  feet; 
but  when  I  took  them  otf  at  niglit,  pieces  of  flesh  oftc  a  ad- 
hered to  tliem,  and  they  were  stiff  with  congealed  blood. 
The  edges  of  the  timber  were  sharp^  and  in  less  than  a 
week  the  bones  on  each  of  my  shoulders  were  laid  bare. 
A  friend  kindly  furnished  me  with  some  remnants  of  old 
clothing,  with  widch  I  made  a  pad  for  each  shoulder. 
Sawyer  attcnipled  to  deprive  me  of  these,  saying  it  was  con- 
trary to  the  rules  to  wear  them  ;  but  I  went  to  the  chief 
constable  (a  Mr.  Newman)  for  permission  to  use  them, 
which  was  |j;riuited.  In  any  christian  land  my  feet  and 
shoulders  would  have  exempted  me  from  labor  ;  but  here, 
sucii  things  were  considered  mere //•///('5,  not  worth  minding; 
and  I  confess  that  although  they  often  produc  d  the  most 
excruciating  torture,  I  regarded  them  in  the  same  light. 
They  were  nothing,  when  compared  with  <)ie  heavy  loads, 
and  the  triangles,  and  death,  which  consl^ntly  stnred  nc  in 
the  face.  At  night,  when  I  found  myself  agai»  -afe  in  my 
cell,  my  llrst  impulse  was  to  throw  myself  up'i"  my  knees, 
and  thank  God  that  he  had  given  mc  strei.^th  to  get  th  -ugh 
with  another  day,  and  during  the  whole  tinu,  that  I  was  in 
the  carrying  gang,  I  think  there  was  not  a  single  niglit  that  I 
did  not  lie  awake  until  12  o'clock,  (my  i.  'is  shaking  with 
the  cold,  uid  my  whole  frame  in  dreadlul  ajj^o.j .  i)roduced  by 
overexertion,)  })raying  to  the  prisoner's  God  lor  strength  to 
support  me  on  the  morrow;  and  that  I  might  be  saved  from 
the  fate  I  so  much  dreaded. 

Four  weeks  had  passed  away  when  I  learned  with  horror 
that,  on  the  morrow,  a  stick  r^  limber  for  a  mast  to  the  ves- 
sel building  in  the  dock  yard,  ,  as  to  be  carried,  which  was 
far  heavier  than  than  any  of  our  preceding  loads.  1  knew  it 
would  be  utterly  impossllle  for  me  to  lift  a  single  pound 
more  than  I  had  done,  :  ud  gave  myself  up  for  lost.  In  the 
morning,  as  the  gang  were  mustering  for  labor,  we  were 
inspected  by  the  superintendent.  He  was  an  Irishman,  and, 
I  am  happy  to  say,  much  more  humane  than  than  many  of 


■  ;i| 

4 


836 


MOTES  or  AM  EXILE,  OM  CAMADA, 


his  countrynien  with  whom  I  became  acquainted  in  Van 
Dicman's  Land.  He  was  a  tall,  rough,  raw-looking  fellow, 
and  would  swear  most  unmercifully.  Although  I  had  never 
spoken  with  him,  (fancying  that  I  saw  kindness  in  his  looks 
as  he  passed,  and  knowing  he  had  the  power  to  save  me,)  I 
ventured  to  step  from  the  ranks  and  do  so. 

"  Sir,  I  trust  you  will  excuse  the  liberty  I  take,  but  there 
is  to  be  heavy  carrying  to-day,  which  is  impossible  for  me  to 
perform  according  to  the  regulations  of  the  settlement.  I 
am  the  tallest  man  in  the  gang,  and  yet  am  required  to  stand 
upright  under  the  heaviest  loads  or  be  flogged.  I  am  aware 
that  T  have  been  sent  here  for  punishment,  and  am  willing  to 
do  all  which  it  is  possible  for  man  to  do ;  but  more  I  cannot, 
and  unless  you  save  me,  I  shiill,  in  all  probability,  be  taken 
to  the  office  and  flogged.  I  could  bear  the  pain  of  the  lash; 
but,  sir,  I  have  the  feelings  of  a  man,  and  cannot  endure  the 
degradation.  Any  thing  which  is  possible  I  am  willing  to 
do  ;  but  I  cannot  stand  upright  with  more  than  a  ton's  weight 
upon  my  shoulder. 

"Man,"  said  Mr.  Cart,  "what  you  say  is  right.  I  am  a  tall 
man  myself,  and  shouldn't  like   the  end  of  one  of  those 

d d  great  logs  on  my  shoulder,  with  a  dozen  or  two  of 

them  crawlers  behind  me,  singing  out  as  I  heard  them  to  you 

the  other  day — *  stand  up,  you  bloody  long !'     Why,  if 

you  stood  upright,  you  would  carry  a  dozen  o  fthcir  loads,  at 
least!     Yes,  man,  yes,  what  you  say  is  right.     Sawyer,  com« 

here." 

The  scoundrel  stood  before  him. 

"Now,  man,  mind  what  I  say,  or  I'll  have  you  flogged. 

Never  put  this  man  under  those  d d  heaVy  loads  again, 

but  give  him  a  load  by  himself.  You  can  always  find 
enough  single  loads  to  carry.  Mind  what  I  say,  man,  or  I'll 
serve  you  as  you  have  nearly  all  of  your  gang,  of  late." 

"Thank  you,  Mr.  Cart,"  I  said,  as  I  turned  to  go  away, 
my  heart  full  to  overflowing —  ".  you  have  saved  me  from  — 

"  Is  your  name  Miller  *?"  interrupted  he. 

"Yes,  sir." 

*<  And  you  are  one  of  the  State  prisoners  1" 

"  I  am." 


» 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


337 


'II 


}7y 


"D d   shame!     D d  bad   treatment!     But  never 

mind,  man,  you'll  meet  friends  here  when  they  find  you  out. 
D d  shame  !     D— d  bloody  shame  !" 

What  more  he  said  1  know  not,  for  at  that  moment 
'*  Come  o;j,"  called  mc  away  ;  but  my  heart  was  lighter  than 
it  had  been  before  at  Port  Arthur.  Sawyer  was  greatly 
enraged  at  my  applying  to  the  superintendent,  and  swore  he 
would  iret  me  Hogged  for  it  befoio  night.  He  would  often 
search  hak'  an  hour  for  a  very  heavy  load  for  me,  but  I 
always  managed  to  carry  it.  I  now  began  to  entertain  some 
slight  hopes  that  I  should  escape  the  triangles,  at  least  so 
long  as  I  could  carry  I'rom  150  to  250  lbs.  a  distance  of  from 
one  to  two  miles.  About  this  time  we  were  employed  for  a 
week  in  carrying  shingles  from  the  summit  of  Tongatabou,  u 
small  mouniain  distant  three  miles  from  the  settlement.  A 
bundle  of  sl)ingles  weighed  from  70  to  100  Tbs.,  and  we  were 
obliged  to  go  seven  turns  a  day,  making  a  distance  of  fortv- 
two  miles,  with  this  load,  half  that  distance  on  our  backs  ; 
yet  it  was  the  liglitest  work  which  we  had  perfurmcd  simt' 
our  iiriival,  and  we  esteemed  it  (luilc  a  Ircdf. 

We  had  been  at  the  settlement  five  weeks  when  the 
•■' old  gra!iny"  paid  this  i)art  of  his  dominions  a  visit.  Hr 
<-^ime  in  the  government  schooner  ••'  Eliza  Ann,"  accompa- 
nied by  his  suite  and  a  great  number  of  gentlemen  from 
llobart  Town  aiul  the  country,  among  whom  wr.s  our  old 
friend,  .Majar  ^linsicorth  !  The  })iisoners  did  not  go  out  t'> 
work  on  that  day,  but  were  ^'•kcpt  In"^  to  listen  to  one  of  his 
''  iligant  speeches."  At  1  o'clock,  P.  ]M.,  all  hands  were 
turned  out  in  front  of  the  prisoners'  barracks,  and  ranked 
up  about  twenty  tile  deep,  in  number,  nearly  thirteen  hunch'ed. 
The  oHicers  of  the  settlement  and  strangers  who  accompa- 
nied him  were  all  present,  to  hear  the  thrUllna;  address 
delivered  by  Her  ^Majesty's  representative,  after  the  fashion 
described  in  a  preceding  chapter. 

"■'  You  are  vile  wretches!  You  have  been  sent  here  for 
violating  the  just  and  righteous  laws  of  this  colony,  and 
there  is  no  crime  which  many  of  you  have  not  perpetrated 
Hanging  is  too  good  for  you,     Y^ou  are  all  devils  f     You  am 

22 


338 


KOTES  OP  AN  EXILE,  ON  CANADA, 


worse  than  the  devils  in  hell;  but  I  have  got  you  here  for 
punishment,  and  you  can't  escape.  /  say,  men,  you  canH 
escape.  It's  of  no  use  trying  to  run  away  here;^^  and  he 
talked  in  a  similar  strain,  upon  the  subject  of  absconding, 
for  half  an  hour. 

The  most  desperate  characters  at  Port  Arthur,  "were 
chained  to  a  heavy  log  which  they  were  obliged  to  carry 
about  with  them,  working  hard  in  a  gang  by  themselves  during 
the  day,  and  sleeping  in  the  cold  cells  at  night.  To  them  he 
now  turned,  and  poured  forth  a  volley  of  low  Billingsgate, 
slang  and  abuse.  He  made  them  out  to  be  tenfold  worse 
than  the  men  in  general,  whom  he  had  already  ranked  below 
devils.  When  he  had  finished  the  poor  fellows,  he  said ; 
^<  There  is  a  man  here  by  the  name  of  Linus  Wilson  Miller ; 
I  wish  to  see  that  man  !"  Little  dreaming  what  was  to  follow, 
and  thinking  he  had  some  good  news  to  communicate,  I 
instantly  stepped  out  in  front  of  the  ranks,  and  exclaimed,^ 
"  My  name  is  Miller,  your  Excellency." 

"  There  is  a  man  here  by  the  name  of  Joseph  Stewart ;  let 
him  come  forward,  also." 

Joe  made  his  appearance,  and  we  stood  side  by  side,  before 
Victoria's   representative.      Our  appearance   was   such     as 
should  have  moved  the  heart  of  the  most  brutal   savage   to 
pity.     The  cruel  hardships  we  had  undergone  had  reduced 
us  almost  to  skeletons  !     We  were  pale  and  haggard,  and  the 
heavy  logs,  under  which  I  had  often  been  crushed  to  the 
earth,  had  so  injured  my  chest  that  I  was  compelled  to  lean 
my  head  forward  several  inches  ;  as  standing  upright,  in    a 
natural  position,   occasioned  dreadful  torture  to  my  breast. 
My  waistcoat  and  jacket,  about  the  shoulders,  were  red  and  stiff 
with  the  congealed  blood,  from  the  wounds  underneath,  and 
my  whole  appearance  indicated  that  I  had  sulTered  to  the  very 
extreme  of  which  human  nature  was  capable,  and  that  my 
days  on  earth  were  f  w,  unless  my  condition   was  speedily 
ameliorated.     It  was  not  until   Frmklin's  eyes  were  fixed 
upon  me,  in  which  I  at  once  saw  rago,  malice,  and,  I  think  I 
may  add,  murder^  fearfully  gleaming,  that  I  suspected   his 
motive  in  calling  me  from  the  ranks.     Instinctively   I  stood 


ENGLAND  AND  VAN  DIEMAN  8  LAND. 


339 


let 


erect,  in  spite  of  the  pain  Avhich  it  produced  in  my  chest,  and 
gazed  upon  his  countenance,  feeling  that  I  would  not,  if  it 
cost  me  my  life,  bow  my  heac'  a  single  inch  before  the  tyrant. 

Addressing  me  particularly,  he  said  : 

"I  am  glad  to  see  you  here  !  I  am  glad  to  see  you  at 
Port  Arthur !  I  am  glad  to  see  you  looking  so  miserably 
wretched  !  I  am  glad  to  see  you  in  that  clothing,  which 
none  but  the  vilest  men  wear,  and  which  is  too  good  for  you. 
[He  alluded  to  the  ..ingpie  dress.]  I  am  glad,  very  glad,  that 
you  are  here,  in  my  power,  where  there  is  no  escape, 
and  you  can  be  punished  as  you  deserve,  but  there  is  no 
punishment  whicii  is  not  too  good  for  you.  You  are  the 
worst  man  that  I  ever  saw,  read  of,  or  heard  of.  The  men 
here  are  nothing  to  you^  and  I  rejoice  that  I  have  got  you 
safe.  To  think  of  running  away  from  your  just  punishment ; 
to  make  your  escape  from  this  island ;  and  that  too,  after  all 
I  had  done  for  you  and  your  party.  O  !  you  are  a  vile, 
ungrateful,  depraved  man!  Stewart  was  misled  by  you! 
You  coaxed  him  away  ;  I've  heard  all  about  it.  I  have  a 
/i/^/e  pity  for  him,  but  for  you  I  have  none.  It's  a  good 
thing  you  gave  yourselves  up  wlicn  you  did;  the  whole 
country  \vc:c  turning  out  C7i  masac  l;  capture  you.  You 
would  have  been  taken  in  three  days.  ^)U  would  have  been 
shot,  for  I  gave  orders  to  my  soldiers  to  shoot  you.  0 ! 
you're  a  bad  man.  I'm  glad  to  see  you  here,  before  me, 
looking  as  you  do.  But  you  were  not  satisfied  with  getting 
away  yourself.  No,  no.  You  must  try  to  get  the  whole 
party  away.  More  than  eig/i/^  men  !  O!  you  are  a  demon. 
And  then  I've  treated  them  so  well ;  0!  you're  a  wretch. 
They  are  all  good  men.  I  have  the  kindest  feelings  for  them; 
and,  if  they  behave  well,  they  '11  some  day  be  pardoned. 
J5ut  you  shall  never  be.  I  will  take  care  that  you  remain 
here  for  life.  You  shall  never  leave  Port  Arthur.  You  shall 
suffer  the  severest  treatment  possible  in  this  place.  Your 
condition  shall  never  be  made  better,  but  worse  than  it  now 
is.  No  matter  how  good  your  conduct  is,  you  have  forfeited 
your  character  for  life,  and  you  shall  never  be  treated  one 
jot  better,  if  your  conduct  is  ever  so  c;ood.     When  you  wcrf 


340 


NOTES  OF  AN  EXILE,  ON  CANADA, 


i 


with  the  other  Canadians,  you  were  constantly  exciting  them 
to  mutiny  ;  but  now  you  're  gone,  they  behave  well.  Oh, 
you're  a  dreadful  man.  I'm  glad  I've  got  you  safe.  I'm 
glad  you're  so  wretched.  You  shall  always  be  so.  You 
were  not  satisfied  with  being  a  leader  in  that  low,  wicked 
rebellion  in  Canada,  but  you  want  to  be  a  leader  here,  of 
your  companions.  But  they  have  found  you  out,  and  hate 
you  as  I  do.  O  !  you  are  a  desperate  man.  More  than  all 
this,  I  am  satisfied  you  wrote  the  ^ Round  Robin!''  None  but 
such  a  vile  wretch  as  you  could  ever  have  written  such  a 
letter.  Threatening  me,  her  JMajestv's  Representative;  threat- 
ening that  all  the  Canadians  would  take  the  bush,  unless  I 
gave  them  some  indulgence.  O  !  you  are  a  bad  rnan.  How 
I  rejoice  that  I  have  j^ot  you  here.  I'll  break  your  Jlmeri- 
can  spirit/  I'll  teach  a  young  stripling  law  student,  full  of 
Yankee  conceit  and  impertinence,  a  lesson.  1*11  break  your 
low  republican  independence.  I'll  cure  your  fighting  for  the 
(^anadians.  Yon  yoiwg  Jimerican  j)ui)pij I  I  Ml  give  orders 
to  have  you  treated  your  whole  life,  with  greater  severity 
than  you  now  are."  Turn"'  g  to  the  1300  convicts  present, 
the  refuse  and  scum  of  mankind,  tlie  dregs  of  Van  Dieman's 
Land,  and  stretciiing  forth  his  hand  toward  them,  he  conclu- 
ded as  follows:  "Now,  my  good  men,  I  caution  you  all  to 
.s7i«/i  this  man.  Don't  let  him  lend  you  astray.  Don't  let 
him  get  up  a  rebellion  here,  which  he  is  sure  to  do,  if  you 
listen  to  him.  Beware  of  iiim  !  slnin  him  as  you  would  a 
viper  ff^ 

Never  was  my  temper  so  severely  tested  as  upon  this  occa- 
sion. I  knew  that  any  attempt  at  a  reply  would  insure  me  an 
immediate  flogging,  and  to  have  struck  him  to  the  earth,  as  T 
wished,  would  be  followed  with  death.  Had  he  charged  me 
with  any  thing  immoral,  and  calculated  to  do  my  character 
an  injury,  I  would  not  have  borne  it  in  silence  ;  but,  as 
all  the  abominable  sins  which  he  put  upon  my  shoulders 
were  of  a  different  nature,  I  cared  less  for  his  ridiculous 
abuse.  Before  he  concluded,  I  got  rid  of  every  feeling 
except  pity  and  contempt  for  the  poor,  weak,  imbecile  old 
man ;  and  would  not  have  changed  places  with  him  for  the 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


341 


'm 


't  let 


world.  Ainsworth  stood  at  his  elbow  during  the  harangue, 
and  I  at  once  understood  that  he  had  had  a  finger  in  the  get- 
ting up  and  sweetening  of  this  savory  pie.  He  was  a  tolera- 
bly good  match  for  the  "old  granny,"  though  not  quite  so 
great  a  fool.  When  the  prisoners  were  left  to  themselves, 
there  was  a  rush  made  toward  me  at  once,  by  the  most  des- 
perate characters,  who  were  anxious  to  form  an  acquaintance 
with  one  declared  to  be  such  a  devil;  but  I  told  them  to  stand 
otf  or  I  should  pollute  them,  and  that  I  would  have  nothing 
to  do  with  them. 

I  now  [;ave  myself  up  for  lost.  Tlie  ofliccrs  of  the  settle- 
ment had  all  been  present  at  the  speech iJ'i/ino\  and  I  supposed 
the  outrap^cous  abuse  I  had  received  would  have  the  cHect 
intended  by  Franklin,  to  prejudice  their  minds  against  me, 
and  carrv  out  his  hellish  desipiis.  I  knew  tli;it  there  was  a 
righteous  God  who  had  the  hearts  of  men  in  his  keeping,  and 
that  He  couUl  deliver  ine  from  the  very  jctios  of  death  ;  but  a 
series  of  ill  fortune  had  attended  me  for  so  long  a  time,  that  I 
began  to  think  I  was  accursed  of  God ^  as  well  as  man.  Yet  I 
had  sometimes  thought,  while  walking  in  the  midst  of  the  burn- 
ing furnace  of  allliction,  that  He  whom  the  king  of  Babylon 
saw  with  the  three  Hebrew  captives  in  the  fire,  and  compared 
to  the  Sun  of  God,  was  with  me,  and  that  His  arms  of  mercy 
were  underneath  and  round  about  me.  If  ever  I  humbled 
myself  before  my  ]\Iaker,  and  felt  my  dependence  upon  Him, 
it  was  that  night,  while  locked  up  in  my  cell.  I  thought 
of  the  past^  the  present^  and  the  morrow.  I  thought  not  of 
deliverance  from  death,  and  the  horrors  which  surrounded 
me  ;  but  I  prayed  for  strength  to  bear  my  fate  ;  nor  did  I 
pray  in  vain!  Ere  I  arose  from  my  kneeling  posture,  I  again 
lieard  that  "  still,  small  voice,"  whispering  to  my  crushed 
and  aching  heart,  "•  Fear  not,  for  I  am  with  thee  !  be  not 
dismayed,  for  lam  thy  God!"  In  the  morning  I  arose, 
calm,  and  resigned  ;  and  feeling  that  I  was  prepared  for  the 
worst.  But  "  man's  extremity,"  it  is  said,  "is  God's  oppor- 
tunity." An  hour  had  not  elapsed  after  the  Governor  left 
for  town,  when  the  surgeon  of  the  settlement  sent  for, 
and  thus  addressed  me :  "  Miller,  you  look  very  ill.    You 


342 


NOTES  OP  AN  EXILE,  ON  CANADA, 


cannot  be  able  to  perform  such  heavy  work,  and  I  shall  shift 
you  into  the  invalid  gang." 

My  heart  was  too  full  to  reply,  and  I  burst  into  tears; 
they  were  the  first  which  I  had  shed  at  Port  Arthur. 
Another  week  in  the  carrying  gang  would,  in  all  probability, 
have  either  ruined  my  constitution  for  life,  or  killed  me 
outright ;  and  this  deliverance  was  so  providential ,  that  I 
exclaimed  as  I  walked  away,  "  If  God  be  for  us,  who  shall 
be  against  us  ]"  From  that  day  every  officer  in  the  settle- 
ment was  a  friend  !  Franklin  meant  his  abuse  for  evil,  but 
there  was  one,  greater,  who  meant  it  for  good.  He  lef* 
strict  orders  that  my  punishment  should  be  increased ;  in 
other  words,  that  I  should  be  murdered:  but  the  officers  said 
among  themselves,  "  How  strange  His  Excellency's  conduct 
is  toward  this  poor  American  youth !  How  bitter  he  was 
against  him!  How  cruel  to  tell  him  that  let  his  conduct  be 
ever  so  good,  he  should  be  treated  during  his  life  with 
increased  severity  !  But  we  will  not  obey  our  instructions 
with  regard  to  him.  So  long  as  his  conduct  remains  good  we 
will  trfeat  him  well." 

The  same  night  I  was  released  from  sleeping  in  the  cells. 
The  huts  which  the  prisoners  occupied,  were  warm  and  com- 
fortable, and  I  felt  quite  happy  when  I  found  myself  occu- 
pying a  snug  berth  by  the  side  of  Stewart.  During  the  day 
we  worked  together,  in  the  government  garden,  and  were 
praised  for  our  industry  and  orderly  conduct.  The  officers, 
when  they  saw  us  alone,  had  always  some  kind  word  to  say, 
and  treated  us  with  a  degree  of  respect  never  shown  to  the 
English  felons.  We  now  became  acquainted  with  Messrs. 
Frost,  Williams  and  Jones,  the  Chartist  prisoners,  tried  in 
England  in  1839,  for  treason,  and  the  sentence  of  death, 
which  was  passed  upon  them,  commuted  to  transportation  for 
life,  three  years  of  which  were  to  be  spent  at  Port  Arthur. 
Frost  was  a  man  of  considerable  influence  in  England,  and 
had  been  a  magistrate,  and  mayor  of  the  city  of  Newport 
several  years,  when  he  headed  an  army  of  rebel  Chartists, 
which  was  defeated,  and  he,  with  his  two  companions,  ruined. 
Williams  was  made  an  overseer  of  the  coal  mines,  on  his 


ENGLAND  AMD  VAN  DIEMAN  8  LAND. 


343 


arrival,  but  in  an  attempt  to  escape  with  some  of  his  men, 
was  recaptured,  tried  and  sentenced  to  two  years'  hard  labor 
in  irons,  and  was  chained  for  some  months  to  a  log,  with  the 
desperate  characters  before  referred  to.  Frost  and  Williams 
were  both  excellent  men,  and  deserved  a  better  fate. 

The  coal  mines  referred  to  are  at  the  northern  extremity 
of  the  Peninsula  distant  twenty  miles  from  the  settlement.  They 
arc  worked  by  about  200  of  the  worst  characters  at  Port  Ar- 
thur, and  the  labor  is  said  to  be  exceedingly  hard.  The  coal 
thus  obtained  is  transported  to  town  in  government  vessels, 
and  sold  at  from  tliree  to  four  dollars  ])cr  ton. 

1  had  been  in  the  invalid  gang  about  three  weeks,  when  one 
evening  as  we  lay  in  our  berths,  Stewart  remarked  to  me  that 
he  should  like  to  get  into  the  wash-house  to  work. 

"  What  in  the  name  of  common  sense  do  you  want  to  get 
into  the  wash-house  for?"'  1  asked. 

"  Oh,  it  is  a  hilld.  The  work  is  light,  and  performed  under 
cover  ;  and  the  men  get  tobacco,  and  enough  to  eat  into  the 


bargain."' 

"  W'ell,  I  for  one  would  sooner  go  to  the  gallows  than  there! 
Why,  Joe,  are  we  not  degraded  enough  already,  without  wash- 
ing for  the  convicts  of  this  horrid  place  ?  Uyou  want  the  situ- 
ation, you  arc  welcome  to  it  for  all  nic.  jVo,  no!  I'll  never 
fitoop  quite'  so  low  as  that." 

*'  In  my  opinion  you  are  more  proud  than  wise  ;  I  only  wish 
1  could  get  the  chance,"  rejoined  Joe. 

The  next  morning  as  we  were  mustering  for  labor,  Mr.  Cart 
called  me  from  the  ranks  and  said,  "  Wait  a  little,  man."  When 
the  gang  had  marched  away,  he  turned  to  me  and  said,  **Man, 
can  you  wash  F' 

"  Wash  !  did  you  say,  Mr.  Cart  1" 

"  Yes,  man,  can  you  wash  1" 

"I  do  not  know  as  I  understand  you  sir." 

"  D n  it,  man  !  can  you  wash  a  shirt  V 

"  I  am  obliged  to  wash  my  own,  but  never  thought  of  doing 
more. 


» 


"  Ah  !  I  sec  ;  you  arc  too  proud  for  the  business.     But  take 
my  advice,  man.     There  is  a  vacancy  in  the  wash-house.    The 


344 


NOTES  OF  AN  EXILE,  ON  CANADA, 


work  is  easy,  and  you  will  be  comfortable  there  ;  at  any  rate, 
it  is  far  better  than  working  in  the  gangs.  It  is  a  billet,  too, 
and  no  other  man  on  the  settlement  would  be  allowed  to  have 
the  situation  until  he  had  done  two-thirds  of  his  sentence.  You 
have  only  done  two  months  out  of  two  years,  but  I  wish  to 
befriend  you  ;  go,  and  you  shall  have  abetter  situation  soon." 

''  But  you  must  excuse  me — I — really — " 

"  D n  it,  man !  go  along  and  try  to  wash  a  shirt  !  I  am 

your  friend,  or  I  should  not  give  you  the  chance.  There  is  not 
another  man  in  the  gangs  who  would  not  jumj)  at  it,  and  I  have 
denied  more  than  twenty  who  were  due — for  a  billet — accord- 
ing to  the  i'ules,  to  save  it  for  you." 

What  could  I  do  ?  ]f  I  refused,  it  would  offend  Mr.  Cart. 
Awav  I  marched  to  llie  wasli-liuusc,  cursinc:  the  billet  in  mv 
heart,  while  hundreds,  among  whom  was  poor  Joe,  were  cw- 

Every  Monday  morning  1.300  shirts  were  divided  among  five 
men  (of  whom  I  was  one,)  to  be  washed,  dried,  and  returned 
to  their  respective  owners.  An  overseer  presided  over  us  to 
sec  that  the  work  was  properly  done.  For  the  first  three 
weeks  I  rubbed  tlic  skin  from  my  fingers,  and  found  great 
<liilicultv  in  £?cttini^  a  tithe  of  tlie  dirt  off  the  shirts,  which, 
when  Saturday  night  came,  presented  a  very  sorry  appear- 
ance. But  the  pleasantcst  ])art  of  my  duty  consisted  in  serving 
out  the  clean  linen.  The  English  prisoners  were  all  enraged 
at  the  partiality  shown  me,  and  delighted  at  an  opportunity  of 

finding  fault.     "  Do  you  call  that  clean,  you  bloody  long !" 

one  would  say,  as  he  hove  the  really  filthy  shirt  at  my  head  ; 
and  a  thousand  insults  were  ollered  me,  while  I  peddled  them 
off.  Some  would  even  swear  their  shirts  were  dirtier  than 
when  I  received  them  ;  but  I  had  learned  to  be  a  philosopher 
while  at  the  vmsh-tttb,  and  bore   all  with  stoical  indificrence. 

The  first  Sunday  morning  a  dozen  of  my  customers,  at  least, 
went  to  Mr.  Cart  to  complain  that  their  shirts  were  not  proper- 
Iv  washed. 

*'  Beg  pardon,  sir,  but  look  here,  sir,  my  shirt  ain't  not  half 
clean." 

"Ah!  who  washed  it?" 

"Miller,  the  American,  sir." 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


34$ 


V 


«  I) n  it,  man,  can't  you  see  1  the  shirt  is  quite  clean  ;  go 

away  man,  go  away  ;  don't  come  here  again,  or  I'll  have  you 
[TUl  in  the  cells." 

Had  any  man  except  myself  washed  the  shirt,  Mr.  C.  would 
have  ])unishcd  him  ;  at  least  so  said  the  prisoners. 

I  had  been  employed  in  this  situation  about  seven  weeks, 
when  the  clergyman  of  the  settlement,  Rev.  J.  A.  Manton, 
and  Mr.  Cart,  ])aidme  a  visit  at  the  wash-tub;  after  some  con- 
versation with  reference  to  the  United  Slates,  Canadian  rebell- 
ion, ifcc,  in  the  course  of  which,  the  former  remarked,  that  had 
we  suc(;ccde(l  our  party  would  have  been  rewarded  and  high- 
ly honored  instead  of  punished  ;  he  asked  me  if  1  had  any  oIh 
jectionslto  becoming  clerk  of  the  church  and  school-keeper. 
I  was  overjoyed  at  the  oiler,  and  thanked  tliem  for  their  kind- 
]iess.  1  went  with  them  to  tiie  Conmiandant's  oliice,  and  that 
gentleniautlius  addressed  me  : 

*•  I  am  glad  that  Mr.  Manton  has  made  choice  of  you  as  his 
clerk.  I  had  much  rather  you  would  have  the  sil nation  than 
any  other  man  at  this  })la(;e.  I  iiave  watched  you  closely  since 
your  arrivjil,  and  have  formed  a  very  favorable  oj>iiiion  of  your 
character.  So  long  as  your  conduct  contiimes  good,  1  shall 
feel  the  greatest  pleasure  in  beiViending  you.'' 

Thus  ended  all  mv  juanual  labor  lor  the  British  Government. 
The  duties  of  my  new  situation  were  pleasant,  and  in  some  res- 
l)ects  delightful.  Mr.  Manton  ever  i)roved  a  kind  and  laithful 
friend.*  lie  ^vas  a  zealous  and  iaithful  minister  of  the  gos- 
|)el,  and  instrumental  in  doing  much  good  wherever  his  lot 
was  cast. 

*Van  Dieman's  L\Nn,  ? 
Port  Arthuk,  Oct.  24ili,  iSie.  \ 

Dkau  Sir: — I  nm  assured  that  you  will  pardon  a  stranger  intruding  liimsplf  upon 
your  notice,  wlien  I  iiilDnn  ynu  tliat  the  suhject  upon  whicli  I  am  to  write  is  the  wei- 
fure  of  your  son,  Linus  Wilson  Miller.  It  is  now  two  years  since  Providence  cast 
my  lot  at  this  abode  of  wretchedness  and  sin,  to  net  in  the  fearfully  responsible  situa- 
tion of  Chaplain  of  the  Station.  As  such  the  adult  school  came  under  niy  care.  This 
School  is  open  to  all  the  prisoners  on  three  evenings  of  the  week.  They  are  formed 
into  classes,  and  taught  by  those  from  among  their  number,  wiio  may  have  been  favor« 
ed  with  an  education  in  youth.  Among  these  teachers  I  observed  a  young  man  of  in* 
teliigent  appearance,  and  very  .oteady  and  praiseworthy  conduct.  At  first  I  said  notb< 
iag  to  him,  nor  did  I  make  any  inquiry  respecting  him,  but  kept  my  eye  upon  him. 
After  a  time  I  imiuired  his  name  and  circumstances,  when  it  appeared  he  was  one  uf 


846 


MOTES  OF  AN  EXILE,  ON  CANADA, 


The  evening  school  was  held  in  a  large  buildinp^  erected  for 
that  purpose,  and  was  attended  three  nights  in  each  week  by 
from  100  to  200  prisoners,  who,  after  the  toils  of  the  day  were 
over,  preferred  learning  to  read,  write,  and  ciplier,  to  spending 
their  time  foolishly  and  wickedly  in  their  huts.  School  books 
were  supplied  by  government,  and  an  excellent  library  of  re- 
ligious, historical,  and  miscellaneous  works,  ])rovi(led  by  the 
liberality  of  private  individuals  who  feel  interested  in  the  wel- 
fare of  the  prisoners.  Many  hundreds,  who  know  not  their 
A.  B.  C,  here  acquired  a  good  common  c(lu(*ation  ;  and  it  is 
to  be  hoped,  made  some  advances  toward  relorniation  of  con- 
duct. 

Stevart  at  the  expiration  of  one  year,  obtained  a  comforta- 
ble situation  in  the  family  of  an  otlicer.  AV'e  both  gradually 
recovered  from  the  ellbcts  of  our  hard  treatment,  although  it 
was  a  long  titiie  cro  mv  chest  was  well. 

U>e  unfortunnie  yntiiif;  men  who  had  been  aei^t  from  Ciinndii.  After  some  few  weekii 
had  elapsed  I  wanted  a  person  to  a(;t  iis  school  kfi'por  nn  1  flerk  oC  tlie  clinich,  and 
tsdde  choice  ofyniirsiin  ;  and  1  feel  very  miu-li  plensurt*  '.ii  iiirorming  voii  that  up  to 
tbe  present  lime  liis  conduct  lins  been  all  1  could  wish  it  to  be.  About  a  month 
ago  his  period  of  stny  Hi  the  penal  Mf'ttlement  expired.  He  then  obtiined  n  sitnation 
as  Tutor  in  the  family  of  the  Coininiss.irial  ollii:er  of  the  Siininn.  Jt  will  not  fail  to  be 
a  comfort  to  your  minds  to  know  tha:  >  >ijr  son  has  pn.'^sed  thniu^'li  his  iirobaiion  at  lliiii 
severe  and  tryinjj  placet  witii  knowing  ?is  little  of  its  privations,  except  for  a  few  weeks 
as  well  could  be,    and  is  now  free  from  its  restrictions,  and  1  \r\\^t  Jarerer, 

You  will  be  |)leiised  la  know  that  his  health  has  bei?n  yrm,] ,  hihI  iiis  way  thus  made 
plain  ;  and  it  will  give  you  greater  pleasure  to  be  ai'ijuniiiteil  with  the  fact,  that  though 
a  prisoner,  your  son  lias  commeiKbHl  liiinself  to  us  as  aCmiisriAN-  We  oil  roL'ard 
him  as  agood  man,  walking  in  the  i'ear  and  love  of  (}>  d,  and  in  the  comfort  of  the  ilob. 
Ghost;  and  should  he  in  the  course  of  a  few  years  tie  permitted  to  ret  nil  to  his  lioine, 
I'lrust  that  you  will  find  that  bin  atniciions  have  yiel  b- 1  the  peaceable  fruits  of  right- 
eousness. In  the  course  of"  a  few  niontlH  we  are  in  hopes  tlint  wiili  the  recimmend- 
ations  he  will  be  able  to  get  from  this  pliice,  he  will  obtiiiti  a  juiriial  freedom,  aitd 
aderwards  there  can  be  little  doubt  of  his  ;j;eiiitig  a  free  jiardon.  May  God  inhis  good 
providence  restore  him  to  your  aged  arms. 

Linus  knows  tmihing  of  my  writing  to  ydu.  but  I  have  thought  that  a  line  respecting 
him  from  another  party  would  be  acceptable  toyou  ;  and  from  the  high  regard  1  bear 
toward  him, and  the  fervent  wishes  I  entert.iin  for  bis  present  and  eternal  welfaie,  I 
would  take  this  liberty.  I  trust  the  God  whom  you  serve  will  aflord  you  all  that  con- 
itolation  which  you  need  under  your  atUiciions.  To  lay  our  sons  in  the  grave.  I  know 
to  be  a  sad  and  trying  dispensation;  but  to  loose  them  under  such  circumstances  as 
yours,  even  worse.  But  you  know  the  promise  is  '■  as  is  thy  day,  thy  strength  shall  be,'' 
nod  yon  have  this  comfort  also  that  your  son  has  not  forgotten  his  father's  God.  So  look 
up*  and  urge  your  way  to  a  belter  world. 

I  am,  yours  sincerely,  iho'  unknown, 

Mn.  BCNJAMIN  MiLLKK.  J.  A.  M ANTON. 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


347 


To  describe  Port  Arthur  as  it  then  was,  the  multifarious  reg- 
ulations, ('fleet  of  the  punishment  and  strict  discipline  upon  tlie 
convicts,  the  crirncfs  prevalent  among  them,  &e.,  &c.,  would 
require  a  volume  of  itself.  The  place  was  a  sink  of  sin  and  hor- 
rible iniquity  ;  and  1  have  no  hesitation  in  saying,  that  hundreds 
of  abominable  crimes  against  nature^  su(;h  as  the  laws  of  England 
punish  with  deatli,  are  daih/  committed  at  this  Sodiwij  as  it  is 
significantly  and  properly  termed,  in  Van  Dieman's  Land.    To 
get  rid  of  the  severe  ])uiiishment  of  the  place,  many  abscond 
with  the  intention  of  escaping  to  the  main  land.     Jn  a  few  in- 
stances they  have  been  suecessl'ul,  but  by  far  the  greater  part 
arc  taken  at  Eagle  Hawk  Nerk,  a  narrow  istlunus,  guarded  by 
a  large  miml)er  of  ferocious  bull-dogs,  (chain(!d  so  near  to  each 
other  tliat  a  man  cannot  pass  between  them  without  being 
torn  to  pieces.)  military,  and  constables.     Those  who  arc  taken 
invariiiljly  ree(!ive  100  lasJKJs  ui)on  the  bare  liaek.     1  witnessed 
the  flogging  of  twelve  such  men  at  one  time.     It  was  a  horrid 
spectacle,  which  no  language  can  describe.     INIurders  are  fre- 
quently eominittcd  by  others,  w  ho  become  tired  of  their  lives 
and  take  this  step  for  the  sole  purpose  of  ending  tiu-'irown    and 
the  miscrv  of  their  comrades.     Those  who  die  at  the  settle- 
mcnt  are  buried  on  a  romantic  little  island  named  the  Isle  of 
the  Dead,  in  the  harbor,  about  one  mile  from  the  settlement 
wharf.     My  duty  as  clerk  led  mo  to  visit  the  Island  with  Mr. 
Manton  whenever  a  funeral  occurred,  and  many  a  lonely  walk 
have  I  had  among  the  humble  Ln'avcs  with  which  it  abounds. 
When  a  prisoner  died,  his  remains  were  dissected,  put  into  a 
rough  coffin  in  a  state  of  perfect  ??j/rZiYy  ,(even  the  shirts  in  w  hich 
they  (lie  arc  stripped  ofl"!)  carried  to  the  wharf  by  four  men, 
placed  in  a  boat,  and  amid  thcjeers  and  curses  of  the  boatmen, 
conveyed  to  the  landing  place  at  the  Isle  of  the  Dead.     Here 
it  is  left  until  the  clcruvman  arrives,  when  it  is  borne  to  the 
grave,  the  burial  service  read,  and  the  body  committed  to  tho 
dust,  there  to  remain  until  the  morning  of   the    resurrection. 
"  There  the  wicked  cease  from  troubling,  and  the  weary  are 
at  rest."     There  the  prisoners  sleep  together  ;  they  no  longer 
h  ear  the  voice  of  the  oppressor.     In  solemn  silence  they  lie,  and 
the  surges  which  constantly  beat  upon  the  shore  of  the  Isle  of 
the  Dead,  sound  their  only  requiem. 


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NOTES  OF  AN  EXILE,  ON  CANADA, 


CHAPTER   XXVIl. 


Tlio  author  ij  rmiiloycd  ns  tutur,  in  the  fiiinily  of  fJon.  Lomprinrc.  —  Tlic  ohl  Ornnn; 
rei'iillt'il.  —  \'\h\i   lo    ll<i!)art    'I'uwii, —  Tri'atiiKM.t    nf  tliu    Caiiiiiliaiis. —  Iv-fcniip   til 
(lemriifll,  iV(\ — Tlie  new  rj()vornor. —  Kilwanl  ManDuwell,     l-sn.  —  Kxpnsurf  of 
Franklin's  villniny. — I'.  S.  Consul. — Tlic  I'rauhlin  Cliijur.  and  itlirit  l)lstillcrii.  —  'I\n 
pnriliMis. —  Sir  Is.  1^  Wilmoi  >!iiuntNl  into  an  net  of  judiice.  —  Dfjiariure  iil'  tweul> 
•even  CanatUnns  fur  tlie  Sunilsvii;li  JsluuJs.  —  UesiJencc  in  Hobart  Town, 

In  tlu!  capacity  of  tutor  to  tl)e  accomplished  and  interest- 
ing; family  of  the  commisstariat  olliccr  of  the  settlement, 
(assistant  commissary  (unoial  Lemprierc,)  I  should  have 
for<2:otten,  had  it  been  })ossil)ic  to  do  so,  that  I  was  an  exile, 
and  a  stran;j;er  in  a  stran;]je  land.  Mr.  Lempriere  was  on(-  of 
those  rare  specimens  of  humanity  whom  nature  has  endowed 
with  a  soul  so  much  larj^'er  and  more  noble  tlian  we  ji;enerally 
meet  with,  that  it  is  in  vain  to  attemj)t  doing  them  justice, 
and  I  shall  only  say  of  this  pjentleman,  that  I  shall  ever  ven- 
erate his  name  and  cherish  the  liveliest  recollections  of  his 
jroodness.  To  his  sovereign  he  was  loyal  to  a  fault ;  yet, 
had  he  been  my  own  countryman,  yea,  ful/icry  I  could  not 
have  expected  better  treatment  than  I  received.  After  all 
my  sufTerings,  to  find  such  :i  homcy  and  friends ,  in  suchu 
landy  was  indeed  most  fortunate. 

My  friend  Stewart  at  the  same  time  obtained  a  situation 
as  signal  man  on  the  peninsula,  in  which  his  pay  was  sufficient 
to  render  him  comparatively  comfortable ;  so  that  on  the 
whole,  we  lost  but  little  through  our  attempt  lo  escape. 
Great  was  our  joy  when  we  heard  that  old  Franklin  was 
recalled,  and  his  successor,  Sir  E.E.  Wilmot,  had  arrived;  and 
I  will  add  by  way  of  comment,  great,  very  great  was  the  joy 


ENGLAND  AND  VAN  DIEMAN'S  LAND. 


349 


of  the  whole  country.  We  both  now  applied  for  "  ticketJi 
of  leave,'*  (fi  partial  emancipation,)  which  were  granted  by 
the  new  CJovernor. 

Soon  after,  I  obtnined  permission  to  visit  llobait  Town, 
where  I  met  with  several  of  my  companions  i  .  oxile;  from 
whom  I  learned  the  history  of  our  party  since  we  left  tliem 
at  the  Lovely  IJanks.  Pri-vious  to  our  surrciulcr,  tin-  idU 
trrannij  paid  tliem  a  visit,  and  delivered  a  /trhirc  upon  the 
subject  of  my  luimMe  self,  abscondinjj;,  is.c.  Afltr  rallin[j; 
me  ill  names,  and  ventini.^  his  spleen  and  raijt^  as  he  alter- 
wards  did  to  me  pin'sonally,  ho  told  them  that  if  they 
followed  my  vicious  examj)U',  and  aI)SC()n(lcd,  tlii-y  would  all 
bo  shot  down  without  (piarter;  as  he  had  i^iven  such  orilers 
to  his  soldiers:  and,  if  any  escaped  to  the  I'liited  States,  a 
thinp;  '•^(jvHc  impnsslhJv^'*^  he  wi>u(d  send  a  dctdchnunt  of  i/ii/i- 
tarjj  and  hriniji;  thvm  hack!  \  Doubtless  the  old  man  tliou;2:ht 
hia  soldiers,  woukl  be  able  to  do  nil  this.]  lie  then 
ordered  them  to  be  dicssed  in  ?/joo-/>/r,  (;is  a  punishment  for 
OUR  {i1)scondin^^,)  and  removed  to  Clrern  Ponds,  a  distance  v{ 
only  six  miles.  At  that  place  tliey  were  ])ut  under  the  su- 
perintcnden(;e  of  a  Srotchman,  known  as  "  Dobby  Xutmiin," 
who  was  called  the  ;;reatest  tyrant  upon  the  island,  "liobby,'' 
however,  chanpjed  his  policy,  and  treated  them  well  ;  and  if 
the  party  worked  hard,  it  was  the  fault  of  their  own  men  who 
acted  as  overseers.  Aijain  they  were  removed  to  l^iidu'ewa- 
ter,  where  their  sulferings  were  increased.  Here  old  Frank- 
lin paid  them  another  visit,  and  read  a  letter  which  lu; 
had  received  from  Lord  John  Russell,  authorizing-  his  Excel- 
lency to  give  the  Canadian  prisoners  any  indulgence  he 
thought  proper,  with  the  exception  of  aJlowing  them  to 
return  to  Canada.  With  this  document  in  his  hand,  he  told 
them  that  if  their  conduct  continued  good  eleven  months,  he 
should  jrrant  them  '*  tickets  of  leave!"  Let  it  be  remem- 
bered  that  he  had  previously  promised  the  party  all  th« 
indulgence  which  his  instructions  would  admit  of,  and  his 
pledged  faith  may  be  estimated  at  its  true  value. 

Finding  themselves  robbed  by  the  superintendent  of  nearly 
h  alf  their  rations,  they  preferred  a  charge  against  him  to  that 


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350 


NOTES  OP  AN  EXILE,  ON  CANADA, 


effect.  An  investigation  took  place,  the  charge  was  proved  and 
the  superintendent  dismissed  ;  but  as  a  punishment  for  com- 
plaining, the  party  were  broken  up,  and  sent  m  small  parties 
to  different  road  stations  on  the  island,  to  work  and  herd 
with  the  English  felons.  On  the  22d  February  1842,  they 
received  the  promised  tickets^  but  subject  to  the  most  strin- 
gent an;!  tyrannical  restrictions,  confining  tiieni  to  six  districts! 
in  the  inierior.  James  Gemmell  made  liis  escape  about  this 
time.  Messrs.  Wait  and  Chandler  had  also  taken  lc<f  bail^ 
soon  after  we  were  sent  to  Port  Arthur,  and  the  three  arrived 
safe  in  the  United  Stales.  Several  inclfectual  attempts  were 
made  to  abscond ,  by  others,  and  mucii  of  tlieir  c-arnings  spent 
in   this  way. 

Boforo  rotiirninr^  to  Port  Arthiu,  I  called  upon  the  now  Gov- 
ernor, who  recuivcd  mo  very  _i?ra(!iously,  said  i»o  was  sorry 
that  the  Canadians  had  been  so  ill  treattul,  and  bad  uj)on  th« 
assumption  of  his  ollu^e  duties,  sent  a  dcspat(.'h  home  upon  tlio 
iubject,  roccommendiiiii;  that  all  of  our  y>^//7/();j.v  bo  immediately 
grantrnl.  "  An  answer  may,  in  the  eoiirsi;  of  a  low  months  be 
tjxpected,' '  said  he,  "and  1  shall  fool  tlu;  ixn'atest  pleasure  in 
giving  you  tho  earliest  possible  notice  of  anything  in  your 
favoi\" 

In  endeavoring  to  negotiate  a  loan  of  some  law  l)ooks  to  pe- 
ruse during  my  leisure  hours,  1  formed  an  aeciuaintaneo  with 
tho  first  barrister  in  the  Australian  Colojiios,  I'idward  Mac 
Dowell,  EfUj.  This  gtMitleman  was  Attorney  Ciiieral  of  \'an 
Dicman's  f^and,  when  f)ur  party  arrived,  but  had  since  given 
fomc  olieneo  to  "Franklin,"'  who  recdinnuMuhMl  his  dismissal 
from  ollice.  I  now  obtained  some  further  and  in»portant  light 
upon  tho  rharartvr  imd  rondncl  tn  \\\'di  tyrant. 

"  1  saw  all  l/ie  papers^"  said  3Ir.  MacDowell,  "•  w/ilrh  accom- 
panied your  parhf  from  Euglaml  and  Canada.  There  was 
not  the  scratch  of  n  pen  to  authorize  the  (iovernor  to  receive 
you  upon  this  hian'l.,  much  less  to  I  rent  f/ou  as  conoids.  Vou 
had  arii^lil,  accord!  w^  tothc  laws  oJ\!ii-^  Island^  to  land  as  free - 
me7i,  and  to  leave  the  same  day  if  you  chose  to  do  so.  Every 
person  icho  has  held  you  in  e::stody  here,  is  liable  to  an  aiUoii 
for  false  imprisonment  .'" 


ENTLAND  AND  VAN  OIEMAN^S  LAND. 


351 


Mr.  MacDowoll  drew  up  a  petition  praying  for  an  imme- 
diate pardon,  which  ho  presented  to  the  Governor,  telling  him 
Qt  the  same  time,  that  unless  it  was  granted,  it  was  his  inten- 
tion to  institute  legal  proceedings  in  mylndialf  at  once,  to  com- 
pel my  discharge.  The  Clov(;rnment  officers  were  greatly 
alarmed,  and  heggt^l  ofhim  to  desist,  stating  that  my  pardon 
would  soon  arrive  from  iMigland,  and  at  my  recpiest  he  did  so. 
Upon  retiuMiing  tVom  Clovernment  house  we  met  Major  Ainsh 
wortli  in  tiie  streets.  JTe  txcused  his  own  conduct  i)y  saying 
that  as  I  was  a  lawyer,  th(?v  thouirht  it  hest  tv>  make  me  rej*- 
|)nnsil)lc!  lor  the  conduct  of  the  wlioh;  party  ;  that  I  had  sutler- 
cd  mucli  wronirriilly,  and  he  was,  for  one,  willing  to  make 
amends  lor  the  past,  hy  recommending  to  his  J'iXc«'llcucy  to 
allow  me  (o  return  to  my  own  country  at  on«'e.  As  he  Ictt  u> 
lor  that  purpose,  AFr.  iMacDowell  said  to  me,  ''There  goesa 
mate  to  old  {"""raiikiin.  Jfe  lias  perst?cutcd  you  tor  years,  and 
now  acknowlt.'dufes  that  it  was  not  for  your  <^wn.  hut  the  sins 
of  your  wholes  |>arty.  Did  ht*  not  fear  me,  he  would  not  go  to 
(ioveriniieni  house   on  sueh  nn  errand." 

I  likewise  formed  im  ac(|uaintance  with  K.  Hathaway,  Kstj. 
United  States  Consul  for  N'an  Pieman's  Land.  .Mr.  II.  and  lady 
soon  hecaiiie  my  warmest  and  hesl  friends  in  lloliart  Town. 
Th(!y  seemed  to  lend  for  the  Canadian  |M-^i:iiers  .is  Ameiieans 
should,  and  were  ready  todoevery  thini:  no       !e  for  «>ur  w«dfare. 

Ujion  my  return  to  I'ort  Arthur,  an  attcnipt  was  made  hy  the 
Franklin  vh'qiic,  to  deprive  me  of  the  friendship  and  servicesof 
Mr.  AlaeDowell.  John  Prirc^  Ks(|.,  J'olice  Magistrate  of 
lIol)art  Town,  took  jiains  to  iid'orm  him  that  1  was  carrying  on 
an  iUiat  disiillcrii  at  Port  Arthur.  I'rice  assiucd  Mr.  Ma( 
Dowell,  upon  his  honor,  th;it  lu;  knew  it  to  he  a  fact  from  \\\^ 
most  ])Ositiv(;  information,  and  hinted  at  tiie  same'  timt;  that  I 
must  )>e  unworthy  of  his  friendship,  and  Ix;  would  <lo  \v«'ll  tt> 
ml  me.  Instead  of  acting  upon  this  friend/ 1/  sn<.rg«'slion,  [ 
was  s.Mit  for,  how<n'er,  and  made  acciuainted  with  the  charge. 
whi(;h,  it  is  needless  to  say  1  found  no  «litliculty  in  proving  to 
he  as  false  as  it  was  malicious.  All,  however,  tended  to  my 
advautagi!  in  tlw^  (Mid. 

In  October  1811, 1  received  the  joyful  tidings  that  about  thirty 


252 


NOTES  OP  AN  EXILE,  ON  CANADA, 


of  the  Canadian  prisoners,  including;  myself,  -were  pardoned.* 
My  feelings  upon  the  receipt  of  tiiis  inijjorlant  information, 
were  quite  different  from  what  tiiey  otherwise  would  have 
lx!cn  but  for  the  knowledt^c  that  we  had,boen  de  jurc^  free  men 
for  years,  and  that  the  abomiiiablo  slavery  we  hadciidnrod  was 
not  only  a  wanton  violali<jn  of  the  laws  of  justice  and  humanity, 
but  even  of  Van  J)ieman's  Land.  1  was  thankful  to  Hod  for 
the  favor,  but  toward  Yktoiua,  and  her  illustrious  Uepresenta- 
tives,  my  sentiments  were  of  a  dillerent  nature. 

Two  months  ]>assed  away  beibre  any  tliin^-  fuillier  wa? 
heard  of  the  pardons,  and  a  disposition  wasnumifestcd  l)y  the 
authorities  of  Van  Dieman's  Land,  to  lengthen  tlie  term  (if 
their  usurpation  of  power  over  us  to  the  utmost  jiossible  ex- 
tent. At  length  Mr.  Ilatliaway  ap})lie(l  to  ;he  Colonial  Sec- 
retary upon  the  subject,  and  was  furnished  with  a  list  of  the 
names  of  the  pardoned  Americans.  My  own  was  not  men- 
tioned !  Mr.  IL  inquired  the  reason,  and  was  told  that  as  I  had 
attempted  to  escape,  my  pardon  would  he  withheld,  "liut," 
said  my  friend,  "  Stewart  and  Paddock  likewise  absconded, 
and  I  find  their  names  here  ;  why  this  partiality  '""  "  Oh  I 
ihey  are  dillerent  characters.  Miller  is  a  huvyer,  and  a  ver\ 
daniierous  man.  He  lias  <_iiven  us  g^real  trouble  ;  butsincr  von 
have  raised  th.e  objection,  we  will  keep  tlioirs  back  also."' 
Poor  Stewart  and  Paddock  accordiiio-jy  sulfercd,  like  the  dog 
in  the  fable,  through  being  Ibund  in  bad  company.  They 
were  notified  by  the  Comptroller  (ieneral  of  convicts  that 
their  pardon  would  be  withheld  six  months.  At  the  same 
time  an  attempt  was  made  to  deprive  me  of  the  friendship  of 
Messrs.  Hathaway  and  MacDowell.  The  Colonial  Secretary 
took  pains  to  call  upon  each  of  these  gentlemen,  for  the  sole 


■"UouAUT  Town.  Oct.  lOrh,  IGll. 
My  Deur  Si',  — I  yoeterdiiy  rccoived  a  letter  from  Mr.  Kv(Meit,  th.;  Amorican 
Minister  at  London  sulijuining  a  U<  of  a')out  tliiity  nninos  of  tlioso  wlio  have  'ot^ri 
recently  pardoned,  and  I  ntn  linppy  to  inform  you  tlint  ;/07/r  name  appears  among 
tke  number.  A  copy  of  the  name*  I  have  bunded  to  Mr.  Molt,  that  he  may  notify 
the  fortunate  individuals.  »**»#* 

I  am,  my  dour  sir,  yout'n,  truly, 
h.  W.  MiLLtB.Esq.  !•:.  HATHAW\Y. 


ENGLAND  AND  VAN  DIliMAN^  LAND. 


353 


purpose  of  informing  them  that  I  had  told  somebody  that  I  was 
a  Scotchman.  "Whom  did  he  tell  sol"  Mr.  H.  inquired.  "Oh. 
I  don't  know  ;  that  is,  I  have  forgotten  ;  but  as  he  says  he  is 
a  Scotchman,  you  will  not,  of  course,  use  your  influence  as 
United  States  Consul  in  his  behalf." 

*'  Sir,"  said  Mr.  II.,  "  I  know  him  to  be  an  American,  nor  do 
I  believe  he  ever  said  to  the  contrary.  You  must  have  been 
rnisinronned.  I  shall  continue  liis  friend  until  you  can  show 
some  other  reason  against  it." 

When  the  olhcious  Secretary  made  the  important  announce- 
ment to  Mr.  MacDovvell,  that  gentleman  replied  : 

"  Are  you  not  a  Scotchman,  Mr.  Bicheno  I" 

'•  I  am,"  was  the  re[)ly. 

"  Well,  would  you  hang  the  man  because  he  says  he  is  one  '. 

I  don't  care  a  d n  if  hi;  is  a  Scotchman.     '  A  man's  a  man, 

for  a'  that,'  I  suppose.  Fie  !  lie  !  Mr.  IJichcno  ;  you  are  en> 
ployed  in  small  business.  You  hate  that  young  nirm  because 
he  is  an  American  and  has  got  an  American's   independence. 

You  had  better  give   him  his  ])ardon  thongli,  for  by !  if 

you  do  not,  I  will  })rosecute  the  Covernment  in  his  belialf  for 
ilamngcs." 

This  is  only  one  instance  of  many  of  a  similar  nature,  which 
might  be  rr^lated. 

1  now  bade  adieu  to  mv  kind  friends  at  Port  Arthur,  and 
(Altered  ]Mr.  jMacDowell's  oflice,  as  his  clerk,  with  a  handsome 
salary.  Acting  under  the  advice  of  ni}  jiatron,  I  called  upon 
his  Excellency  at  Government  house.  Instead  of  the  friendly  re- 
ception which  I  had  before  met  with,  the  Baronet's  brow  dark- 
ened when  I  was  ushered  into  the  receiving  room  by  the  or- 
derly, and  my  name  announced. 

'•I  have  but  a  minute  to  spare  to  hear  your  business,  and 
you  will  please  to  be  brief,"  said  he,  in  a  stern  voice,  meant,  as 
I  thought,  to  intimidate. 

"•  1  have  called  to  ascertain  tlie  reason  why  my  j^nrdon  is 
withheld.  I  lave  been  told  by  your  subordinates  in  otiice,  that 
it  is  because  I  once  absconded,  but  1  cannot  believe  your  Ex- 
cellency can  be  so  unjust.  1  have  suffered  two  years  at  Port 
Arthur,  the  highest  ])enalty  which  could  have  been  inflicted 


t  *] 


m 


364 


NOTES  OP  AN  EXILE,  ON  CANADA, 


for  tlic  ofTensc  ;  iny  ticket  of  leave  was  -withheld  for  more 
than  a  year  after  luy  sentence  exi)ired  ;  and  as  the  oflense,  if 
snch  it  can  be  called,  was  committed  ycjars  since,  surely  it  ought 
10  be  fori^'otten.  1  have  atoned  I'nr  niv  orii^innioirense  for  which 
1  was  iierc  sent,1)ysnllering  years  of  jiorriblc  slavery,  and  now, 
when  the  Canadian  and  Home  (lovernments,  and  her  Majesty, 
wiioso  servant  and  rejjresentative  yon  |)i-otess  to  be,  are  sat- 
isfied, and  havt!  sealed  niv  forcriveness.  it  is  both  nninst  ami 
cruel  in  the  exlrenu;  1o  witlihfdd  it.  Sh;iil  a  ninn  be  ])e^^^ecu- 
led  untodi'ath  for  (Mideavoring  to  csf^apc  from  su'di  slavery  as 
ihi-  Canadians  have  (Midurod  here?  You  know  a^  well  as  I  do, 
lh;ii  our  (l('t('nli.>n  and  trcaliufMit  on  this  ishuid  have  boon  Ille- 
{:;al,  t'lal  they  h^ve  been  a,^■aiil^•t  law  ni'd  justice  ;  that  your 
predecessor  committed  as  uross  an  outra!T(3  upon  oiu'  ritdus  as 
was  ev>'r  ])eriietraled  against  the  At'rican  race,  and  because  I 
dared  to  r(d)el  a'jainst  it,  r- raiii(>r  escape  fr(Mn  it,  1  liav(>  bem  a 
subject  of  S[)L'cial  ])ersecution  lor  years,  jly  jiersecutors  have 
even  said  that  from  my  beiii'.'-  a  la\v\er.  they  have  deemed  it 
r7ii7/Mo  make  me  rcsponsibK?  for  the  whole  party,  and  yf>u 
are  yourselfaware  that  sins  committed  bv  mv  conu'ades  while 
1  was  suUering  at  I'ort  Arthur,  wen;  lieaped  upon  mv  shoul- 
ders, and  charired  to  my  account.  Why  this  unnatund  perse- 
cution ?  It  was  not  for  abseondin'i,  but  for  being  an  Ameri- 
can, in  siiirit  and  in  heart,  lor    not  mc(  klv  we.irinjjf  the   voke 

I  »  •  » 

and  kissing  the  IjuihI-'u  upon  my  shoulders;  fov  daring  tf> 
evin<'e  the  spirit  and  ieelings  of  a  man  in  the  ]tresenee  ot*  my 
tyrants." 

Here  hi:"i  J'i\c(dlency  interruptf.-d  m(\  and  e\tdaimed  in  a 
"•real  rau'c,  "Ifow  dare  VC)U  come  here  to  ask  sueji  a  l"a\'or? 
I  )o  YOU  expect  tile  srani'  treatment  as  those  who  hav(^  never 
absconded  ?  I  li;'\e  decided  that  v<a!  sli.'dl  not  receive  vour 
jiardon  under  six  months,  and  1  shall  abide  by  that  decision. 
\othing  can,  or  shall  alter  my  I'esolntion",''"  aiul  hestampcvl  his 
feet  upon  the  11  (^or. 

I  walked  out  ot'  the  room  without  cenMuony.  but  ere  I  reach- 
ed the  outer  door,  turned  back  and  acrain  confronted  the  Baro- 
net. 

*'Sir,"  said  I,  "but  a  few  mv-nths since  vou  received  mo  in 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


355 


111V 


, 


lliis  very  room,  in  tlio  most  friendly  manner ;  told  mc  you  had 
recommended  mo  to  iicr  Majesty  for  a  free  pardon,  and  when 
it  arrived,  yon  slionld  feel  fjreat  jtleasnre  in  bestowins;  the 
inueli  coveted  boon,  as  soon  as  possii)le.  1  have  placed  the 
most  iini)li(nt  failh  in  your  friendly  assurances,  for  1  believed 
you  to  be  a  gentleman.  What  my  present  sentiments  are  I 
leave  you  to — " 

^' 8to[) !  stoj) !"  interrupted  he,  riibbiiiir  his  forehead  \vith 
the  palm  ofiiis  IkukI,  wliile  his  face  Avas  red  as  scarlet,  '-I  had 
forirotten — that  is — vniir  enemies  have  l)een — but  it  is  no  mat- 
tcr  ;  just  (Ii-:uv  up  a  jx'lition — mere  matter  of  form — and  send 
it  in  to  mc:  I  v.  ill  irive  yf>u  your  pardon  ;  lose  no  time,  send  it 
in  ti>-day,  send  it  in  at  once.'' 

I  turned  upon  my  bed  and  marched  out  whistlinj^  Yankee 
Ihod/r,  and  when  1  ir^t  Mit  of  doors  heard  the  old  gentleman 
sing  out,  '•  Send  it  in  at  once."" 

I  did  send  it  in.  an!  thi3  next  momintr,  the  Comptroller  Gen- 
eral, who  had  pei-scfuled  me  for  years,  without,  however,  even 
knowing  me  wlien  we  Jiu't,  senl  forme  to  his  otlice,  and  j)la- 
cinuf  mv  sealed  |»,n(ion*  in  mv  hand,    said    in  a  bland  tone  of 

"^  TmAi.I.   lo   WlliiM   thine  iirtsnits   shall    comf,    T,    Pir    Jf^HX 

>r  l''.ARliI.IV   KAItDI.KV  \Vl(..MOT,    Unroiitt,   J.iciiti  mint   G()vcr_ 

(  nor  (if  I  he  Island  (if  Ian  l'iimiin'i<  Land  and  itf  lUpLitdcncies, 

)  t<(iid  (/)•  itiiKj; 

WnFRKAS,  1)V  Tli-r  Miijesly's  li'nyil  VV;in-!iiit  under  ilie  siirii  iii.inunl,  bearing  date 
ni  IJiickiiigiiaiti  I'uliicp,  tl";  iliird  iliiy  of  June,  One  'I'lionsnnd  Eiglit  UuiidreJ  and 
[•'iirtv  I'nur.  (■(iiintcrsi^'iiecl  Ij_v  "'k'  "'"  Uei*  M.tiesty's  sec'relaries  ol  Siiite.  and  nildressed 
ID  (lie  Lieuienaiii  (invernar  of  tlio  island  ot'  Van  Diemnn's  Lnnd  for  tlie  time  lj,'ing; 
Her  Miijesiy  t'lo  Quci  n  wns  i>!e;»sed  in  <;iin:ii  leiMiion  ol"  some  circumstances  hmnbly 
represeiitt-'d  to  i.er,  to  cxlend  lier  yrace  und  meri-y  unto  Linus  Wilson  ^^ller,  who 
was  triedit  e,ni:id;i.  in  lln'  M-ar  K"^  !■',  ,iii  1  iMuviiMedof  fejonidUslv  invadin'Mlie  iirnvince 
of  l'|i|)cr  (Ja/'d:!,  iui  1  sfiiifiicr'd  ti)  (Icaili,  v.iiicli  sentence  was  comuiuted  to  Irnnsporia- 
tiori  for  life,  a  li  1 1  to  gram  liini  li'r  ;if'So!utt;  pardon  lor  li  is  said  (;  rime  ;  Now  Ixiiow  ye  that 
I  !lie  raid  Sir  .loiin  l",aid!ey  I'.aidley  Wiliiini.  IJaronrt,  I-ieutenaMt  (iovernor  of  the 
inland  of  \".in  Ui'Miian  s  l.uil  and  its  d(')>endfn(  ii's,  liave  rcceivedher  Majesty's  war- 
laiit,  and  do  hi'ieliy  ceriily  and  dechire  liiai  ilie  said  Linus  Wilson  NUIIer  hatli  and 
ouu'lit  to  enjoy  her  Mfljcsly's  absolute  pdrdoii  for  the  said  crime,  whereot'  he  was  con- 
vii'ieil  as  afiresaid,  and  1  do  Ijerehy  dlstdiarge  tlie  .'•aid  Linus  Wilson  Miller  from  all 
"•Ual'viy   in  resjcri  of  his  said  sentHni-e  and   anns]iortalioii. 

In   Tf.oI'i.MonV  WiiKKKtiK.  I  have  liereunto  set  my  hand  and  caused  the  seal  of 
the   Islaiul  ot"  Van  Uienian's  Land  to  he  hereui.to  iiHixed. 

Dated  at  IloSiart  Town,  this   seventh  day  of  February,  in  the  year  of  our  Lord 
One  Thousand  Eiglit  Hundred  and  Forty-five, 
By  his  Excellency's  comMinnd,  E.'eAKDLEY  WILMOT, 

J.  E.  BiCUENO,  Colonial  Secretary.  Lieutenant  Governor. 


'Van  Dik.m.w  s  Land 
[L.  S.J   No  ','. 


I 


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( 


1' 


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I  * 


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4,. 


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356 


NOTES  OF  AN  EXILE,  ON  CANADA, 


'>oice  :  "  I  congratulate  you  upon  your  restoration  to  liberty; 
you  are  a  free  man,  and  it  gives  me  pleasure  to  say  so."  I 
did  not  even  thank  him,  for  I  well  knew  he  spoke  insincerely. 
Great  anxiety  was  felt  by  those  who  were  pardoned,  with 
reference  to  obtaining  passages  home.  As  the  pardons  had 
been  granted  in  consequence  of  the  intcrcssion  of  the  United 
States  Government  in  our  behalf,  the  most  sanguine  hopes 
were  entertained  that  some  means  would  be  provided  either  by 
that  Government  or  our  friends,  for  that  purpose.  The  l.ower 
Canadians  who  were  sent  to  Sydney  had  received  such  assist- 
ance !  but  alas,  our  expectations  were  not  realized !  Owing 
to  the  distressed  state  of  the  colony,  for  three  or  four  preced- 
ing years,  wages  were  extremely  low,  and  employment  very 
difficult  to  be  obtained.  Some  of  the  men,  among  whom  was 
Robert  Marsh,  atone  time  wandered  about  tlie  island  for  four 
months  in  very  destitute  circumstancei=;,  sleeping  in-  the  bush  at 
night,  an  '  hring  ahnost  wholly  upon  the  opossum  and  kanga- 
roo, wiU  out  fmding  a  single  person  who  would  board  tii^^m  for 
their  la''OV.  Scarcely  one  of  our  party  h  ad  been  able  to  lay 
up  a  slt^ie  dollar  in  store.  Those  who  received  any  wages, 
gcnero'.'-'y  shared  their  little  all  with  their  more  needy  com- 
rades. ,Mr,;iy  were  so  reduced  in  health,  through  their  suHcr- 
ings,  as  to  be  unable  to  do  any  work,  had  an  opportunity  ofler- 
ed;  ai\d  all  were  poorly  clothed.  Seldom,  indeed,  did  any 
American  vessel,  homcioard  bound,  call  at  llobart  Town  ;  so 
that  there  was  little  prospect  of  begging  a  jiassage  direct  to 
America.  At  length  the  Americtm  whaler  ^'Steiglitz,"  Capt. 
Young,  made  her  appearraice  in  the  harbor,  but  she  was  bound 
on  a  three  years'  voyage  to  the  north-west  coast.  Capt.  Young, 
upon  learning  their  situation  from  Mr.  Hathaway,  who  was 
ever  ready  to  intercede  in  our  behalf,  kindly  ottered  them  a 
passage  to  the  Sandwich  Islands,  on  condition  that  ihoy  should 
pledge  themselves  to  pav  the  owners  of  his  vessel  for  their  board 
as  soon  as  possible  after  their  arrival  in  the  United  States,  and 
twenty-seven  of  our  party  ov^^erly  embri;ced  the  opportunity, 
trusting  to  Providence  for  the  future,  and  preferring  to  go  any 
where,  rather  than  remain  longer  in  a  country  where  they  had 
been  so  badly  treated    On  the  27th  of  January,  1845,  the  poor 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


357 


fellows  embarked,  and  reached  the  Sandwich  Islands  in  safety 
on  the  27th  April  following.  But  in  September  1846,  only 
about  one-half  of  their  number  had  arrived  at  their  homes. 
Among  the  latter  were  Messrs.  Sheldon  and  Marsh,  whom  I 
have  had  the  pleasure  of  since  seeing,  and  hearing  them  speak 
with  the  most  profounu  gratitude  of  the  kindness  shown  them 
by  their  countrymen,  both  at  the  Sandwich  Islands  and  upon 
their  landin2:  in  Boston.  May  their  kind  benefactors  be  abun- 
dantlv  rewarded. 

During  a  residence  of  several  months  in  Ilobart  Town  I  had 
an  ojiportunity  of  becoming  better  acVjuainted  with  the  free 
population  of  A''an  Dicnian's  Land,  their  manners,  customs, 
&c.;  whicii,  with  a  brief  sketch  of  the  history  of  the  Island, 
and  the  most  ))romincnt  features  that  <listinguish  this  remote 
region  of  the  civilized  earth,  (if  it  deserves  to  be  ranked  as 
such.)  will  form  the  subject  of  tlie  next  chapter. 


CHAPTER   XXVIII. 


Discovery  of  Van  Diemnn's  Land,  Seitlement,  &c. —  Progress  of  tlie  Selilcment. —  Emi- 
griitinii. —  Separatioti  from  tlie  Parent  Colony. — Commerce. —  The  Public  Lands, 
Markets,  &c. —  The  Heaciion.  —  Assignment  of  Convicts  Abolished.  —  Probntion 
System.  —  Increase  of  Crime-  tVc  —  Kmbarrn.ssinent  of  the  Colonial  fiovernineni, 
Olid  Taxation. —  Disaflection,  fee,  of  t<ie  Colonist  Population.  —  State  ol  Society  — In- 
leinperance. —  Kduri'tion.  —  Sunday  Schools.  —  Public  Institutions,  Societies,  &c. — 
Heligion.  —  Administration  of  Justi<'e.  —  The  Aboriginal  Inhabitants.  — Producta  of 
the  Island — Animals,  Vegetables,  &.c. 

Van  Dieman's  Land  was  discovered  by  the  Dutch  navi- 
gator, Tasman,  in  l(i41,  who  named  it  after  his  patron,  An- 
thony Van  Dieman,  Governor  of  Dutch  East  India.  Owing 
to  its  never  ha\  ing  been  surveyed  except  in  certain  districts, 
and  its  very  uneven  surface,  no  definite  opinion  can  be  form- 
ed of  the  number  of  square  miles  it  contains,  which  have 
been  variously  estimated  from  22,000  to  27,000.  Its  coast  is, 
with  slight  exceptions,  iron  bound  and  extremely  irregular, 
and  calculated  to  strike  the  wary  mariner  with  dread,  as  rife 


It 


n 


358 


NOTES  OP  AM  EXILE,  ON  CANADA, 


■ 


with  death,  horror,  and  shipwreck  ;  yet  it  allords  some  gootl 
bays,  whicli  only  require  to  he  thorouj^lily  surveyed  and  bea- 
cons erected,  to  divest  it  of  half  its  terrors. 

For  a  century  and  a  half  after  its  discovery,  this  Island 
remained  in  the  sole  possession  of  its  al)ori<;inal  iiiliabitants. 
The  mariner  shunned  it  as  a  region  of  dealli,  and  the  enter- 
prising; emigrant  never  dreamed  of  vaiidcring  hitlur  while 
our  own  vast  continent,  and  numbtilcss  newly  discovered 
isles,  presented  so  many  i^uperior  attractions.  And  when  at 
length,  civilized  men  turned  their  attention  to  tliis  })art  of  the 
globe,  tliu  llowery  banks  and  rich  forests  of  New  Holland 
long  rivaled  its  little  insular  neij^hbor,  whicli  was  passed  by 
as  unworthy  of  notice. 

The  first  settlement  formed  upon  its  shores  wn^  the  residt 
of  chance.  Tii  ]8()3,  a  Capt.  Bowcn,  who  wasl'miiul  lor  the 
south-western  coast  of  New  Hullaiul,  1o  establish  a  penal  set- 
tlement iiithiil  ({iiartei',  was  driven  l)y  siress  of  V\eather  into 
the  nioulh  of  the  DeriVeiit,  ami  lliidliiij;  tlie  couiitiy  aihipied 
to  his  ])ur[)()ses,  b.uuleil  his  men  at  Ivisdc.n  C'e\e,  J'ud  com- 
menced a  S(.'llleiiieii(.  Ill  ISO-J,  Co!,  ("ollius  airlvei!  \\  ith  100 
convicts  and  50  marines  Ikjui  Uotaiiy  I'iiy,  an;!  icii.oved  their 
station  to  the  spot  now  occupied  liy  the  city  ol'Jlol.art  Town, 
where  he  acted  in  the  capacll  v  ot'  (joveiiior  durui^'"  the  remain- 
der  of  his  Hie.  'I'he  little  colony  thus  cMa'.jlhjhed,  was  pure- 
ly penal,  and  it  retains  mucii  of  its  oriiiinal  character  to  the 
present  day.  After  a  few  years^  ex[)eiiirienls  began  to  be 
matle  in  cullivatinf]:  the  eartli,  and  th(.'  icMilt  was  ^uilicientlv 
encouraging  to  induce  emigiation,  TmsI  I'loici  the  parent  colony 
and  luially  from  (Jreat  Ibitain.  As  the  number  (>f  convicts 
increased,  and  the  term  of  their  colonial  sentences  e\j)ired, 
it  became  a  matter  of  convenience  to  the  government,  to  set- 
tle the  colony  with  a  sullicient  n\iiiiber  of  free  persons  to 
take  charge  of  and  employ  these  lallen  men,  in  agricultural 
and  other  pursuits,  until  they  were  entitled  according  to  their 
original  sentences,  to  emancipation.  To  this  end,  the  most 
flattering  accounts  of  the  colony  were  circulated  at  home,  and 
large  grants  of  land  olVcred  as  a  bounty  to  emigrants,  on  con- 
dition that  they  should  invest  capital,  and  incur  expenses  to 


ENGLAND  AND  VAN  DIEMAN  S  LAND. 


359 


the  amount  of  one  shilliiifij  and  sixpence  i)er  acre.  While 
tliese  regulations  continued,  the  colony  rapidly  increased  in 
free  poj)ulation  and  wealth,  many  of  the  settlers  Ix.-in*;!;  men 
of  character  and  respectability.  For  twenty  years  the  island 
was  Iu'ld  and  t^overned  as  a  dependence  ol  New  South  Wales, 
hut  in  lS-24,  the  Home  (iovernmenl  made  it  an  independent 
colony  with  a  le<^islalivo  council,  judijes,  laws  suIIlmI  to  its 
penal  character,  ^:c.,  ls.c.  Col.  Arthur  was  the  first  "governor 
appointed  by  the  crown.  In  the  mean  time,  the  ports,  (wliicli 
for  many  years  were  closed,)  had  been  opcnetl  to  the  vtssids 
of  all  nations,  and  connnerce  conunenced.  As  new  co'onies 
wer(!  bciii;.';  formed  uj)on  the  coast  of  New  Holland,  a  market 
was  thus  created,  andth(!  produce  of  tin'  fanner  was  suhl  at 
hiijfh  prices.  Property,  as  a  natural  i  onscfjuence,  rapidly  rose 
in  value,  and  Van  Dieman^  Land  be(;aii  to  he  e.onsiderod  a 
mine  of  wealth.  'I"he  <.m)\  ernineut  took  ad  vanta^;*!  of  ihe  spir- 
it ol  s[)e(:ula(ii)u  thus  eiiu'cndered,  and  set  a  priiMj  upon  \\\:\i\. 
which  was  gradual  I V  iueieased  iVom  live  ;diilliuj:s  to  a  mini- 
mum ot"  twenty  shilliims  ])er  acie.  For  a  Aviule  sales  were 
made"  at  this  exorbitant  ]Viiec,  l)Ul  at  len^'lh  a  react!  )n  took 
place.  'I'lie  coloni<'S  wliicdi  had  allorded  such  an  e\.eelleiU 
market,  l)ei.fan  to  export  in  turn  ;  ))rie(>s  I'eil  to  an  opposite 
t'Xtreme,  and  ruin  and  iuoUency  fast  followed  in  the  irain. 
To  add  to  tin- dijlieidtiis  ot' the  eolonlsfs,  the  old  assignment 
system  under  which  almost  all  manual  labor  had  been  pt.T- 
formed  for  a  trilling  expense,  was  altolisiicd  ;  the  convicts 
were  withdiawn  from  their  old  masters,  and  the  j)r(jl)ation 
system  established.  This  chanLCe,  however,  was  orobablv 
owino'  to  the  abuse  by  the  ma.>ter,  of  the  eonlidence  reposed 
in  him  I'V  the  c^ovcrnment.  The  assiii;ned  convicts  were,  in 
jveiieral,  very  badly  treated,  and  their  wron-^s  atlen;j,tn  reach- 
ed the  ears  of  those  in  authority  at  home.  The  settlers  luid 
been,  for  nearly  30  years,  allowed  as  many  servants  as  they 
cJiose  to  apply  for,  whom  they  treated  as.s/r/rp.s  in  every  sense 
of  the  word.  In  the  year  1840,  transportation  to  New  South 
Wales  was  abolished,  and  all  prisoners  of  the  crown  sent  to 
Van  Dieman's  Land,  under  the  probation  system.  No  less 
than  16,000  of  these  persons  were  landed  at  Hobart  Town 


I 

I 


.  I 


360 


50TE8  OF  AN  EXILE,  ON  CANADA, 


l! 


I 


during  four  years,  and  the  balance  between  the  free  and  con- 
vict  population  destroyed.  The  evils  of  the  new  syetemhaye 
been  of  the  most  aggravated  nature.  Crime  has  icari'ully 
increased,  and  there  is  no  longer  safety  to  either  character, 
property,  or  life.  Most  of  the  settlers  would  gladly  leave 
the  colony  if  possible,  and  many  have  forsaken  their  uU  and 
lied  from  the  Island  as  an  accursed  place,  whicli  they  could 
no  longer  endure.  The  free  population,  in  general,  keep  as 
distinct  as  possible  from  the  bond,  but  the  foul  Icprosj-  1:,  in 
their  midst,  and  they  cannot  wholly  escape  j)ollution.  Ijiit  it 
is  the  young  and  rising  generation  who  suilbr  most  ia  this 
respect.  The  children,  owing  to  the  climatL',  are  remarka- 
ble for  precocity,  and  eagerly  drink  in  a  species  of  know- 
ledge, which  must  sooner  or  later  exert  an  evil  inlluence  upon 
their  minds,  if  not  characters.  'J'he  higher  classes  are  less 
exposed,  but  judicious  management  on  the  part  of  parents  is 
felt  to  be  a  subject  of  the  fust  importance. 

The  Colonial  Govci  iiuient  is  greatly  embarrassed  b)  debt, 
and  taxation  has  of  late  been  resorted  to ;  yet  not  without 
meeting  decided  opposition  from  a  vast  majority  of  the  tax- 
payers. During  the  year  1845,  numerous  public  meetings 
were  held  in  the  metrojvolis  of  the  island,  and  inllammatory 
speeches  delivered,  denouncing  taxation  without  representa- 
tion. The  spirit  which  characterized  the  American  colonists 
in  '76j  is  already  awakened  in  their  breasts,  and  requires  only 
an  equal  chance  of  success  to  produce  the  same  results. 

The  free  population  of  the  island,  i.  e.  those  who  have 
emigrated,  numbers  about  32  000 ;  the  emancipists   20,.000,. 
and  the  convicts  under  sentence  36,000,  of  whom  9,000  arc 
females,  making  an  aggregate  of  88,000  inhabitants. 

Society  among  the  higher  classes,  is  good.  They  carried 
with  them  to  their  new  homes,  the  manners  and  customs  of 
the  old  ;  and,  as  polished  and  refined  circles  may  be  found  in 
Van  Dieman's  Land  as  elsewhere ;  and  good  morals  are  as 
strictly  and  rigidly  observed.  This  last,  however,  cannot,  I 
regret  to  record,  be  said  of  the  lower  classes.  Intemperance 
is  a  prevailing  evil,  and  Father  IMathew  might  here  find  an 
extensive  field  for  the  exercise  of  bis  pbilanthrophy.     In 


ENGLAND  AND  VAN  PIEMAN  8  LAND. 


361 


Hobart  Town,  the  population  ol  which  is  nearly  20,000,  an 
incredible  quantity  of  brandy,  rum,  gin,  and  strong  beer,  i» 
consumed. 

Manual  labor  is  rcpardrd  as  quite  beneath  a  *'  rcspednhle'*^ 
man.  This  trreat  evil  has  arisen  from  the  universal  employ- 
ment of  convicts,  both  in  and  out  of  doors;  and  not  until 
compulsory  lal)or  is  done  away,  will  it  be  remedied. 

There  are  some  very  good  schools  in  llobart  Town  and 
Launceston;  but  in  llie  interior,  education  is  sadly  n(<;lected. 
Til  sons  of  the  settlcis  think  far  more  of  crnckiiij^  a  hiil/oc/c 
whipj  or  riding  ahorse,  than  learning  their  Ijooks  ;  and  idie- 
.  ncss  witli  them  appears  to  be  set  ond  nature.  Sir  Ji)hn 
Fi.uikliii  lerfonnt  1  one  good  iii^vil  during  his  adiuinistration, 
by  causing  a  building  (or  a  college  to  be  erected  at  New  Nor- 
folk ;  but  no  eifective  step  has,  as  yet,  been  taken  to  render  it 
of  any  service  to  the  youth  of  ^'  e  colony.  The  children  of 
Hobart  Town  generally  attenu  ,nin(hjy  Schools,  and  during 
my  residence  in  that  city,  it  gave  me  great  ])leasure  to  witnesb» 
their  quiet,  orderly  conduct,  and  remarkai)ly  good  behavior, 
at  all  times,  but  particularly  on  the  Sabbath.  Seldom  indeed 
could  a  child  be  found  at  play  in  the  streets  during  that  holy 
day. 

An  orphan  school,  in  which  several  hundred  children 
(mostly  illegitimate)  arc  supported,  and  receive  a  decent 
education,  has  been  established  for  several  years  at  New 
Town,  (two  miles  Irom  llobart  Town,)  by  Government,  and 
is  now  under  the  superintendence  of  C.  0.  II.  Booth,  Esq., 
formerly  commandant  at  Port  Arthur.  A  lunatic  asylum  is 
likewise  maintained  at  New  Norfolk.  A  mechanic''s  institute 
has  been  in  operation  in  llobart  Town  since  1841.  It  is  fur- 
nished with  an  extensive  laboratory  and  library;  and  a 
course  of  scientilic  lectures  delivered.  This  institution  bids 
fair  to  exert  a  beneficial  inlluencc  u])on  the  youth  and  labor- 
ing classes.  *'Thc  Royal  Society  of  Van  Dieman'a  Land, 
for  Horticultural,  Botany,  and  the  advancement  of  science,'"' 
is  patronized  by  her  Majesty,  and  is  in  a  nourishing  condition. 

The  Established  Church,  Wesleyan  Methodist,  Church 
of  Scotland,  Baptists,  Quakers,  &c.,  &c.,  maintain  divine 


•  If 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


-J^.^^i^ 


1.0 


I  1.1 
11.25 


12.8 


tmm 


■^  lii   122 
M    12.0 


■uuu 

14.  11.6 


1 

^                                                                               ^  //                                                                               ^1 

w 

■'I 

Photographic 

Sciences 

Corporatioii 


23  WIST  MAIN  STMiT 

WfBSTn,N.Y.  14SM 

(716)«72-4S03 


862 


NOTES  OF  AN  EXILE,  ON  CANADA, 


serTice  in  town;  and  the  two  first  in  the  most  populous  dis- 
tricts in  the  interior.  The  Wesleyans  are  doing  more  than 
any  other  denomination  for  the  advancement  of  religion. 
An  elegant  and  costly  Jewish  synagogue  was  dedicited  in 
1845,  where  worship  is  conducted  on  the  Jewish  Sabbath,  in 
the  Hebrew  language.  The  Catholics  are  numerous,  espe- 
cially among  the  convicts. 

The  administration  of  justice  in  Van  Dieman's  Land,  owing 
to  the  perjury  of  witnesses  and  difhcully  in  oljtaining  con- 
scientious jurors,  is  very  defective.  A  learned  judge  on  the 
bench,  and  more  than  one  learned  attorney-general,  have 
declared  ex  cathedra,  that  oaths  at  half-a-crov^'n  were  as  plen-  ■ 
tiful  as  blackberries. 

There  are  seven  newspapers  published  in  the  colony.  The 
principal  are  the  "  Ilobart  Town  Courier,"  "IIobartTown 
Advertiser,'' and  "  Colonial  Times  i^  Tasmaninn."  Thoy 
are  generally  ably  conducted.  Tlio  two  last  are  staunch 
advocates  for  reform,  and  often  contain  violent  strictures 
upon  the  British  Government,  and  commendatory  references 
to  our  American  institutions. 

Of  the  various  grades  of  the  human  species  found  scattered 
over  the  earth,  the  aborigines  of  tliis  island  belong,  without 
doubt,  to  the  lowest,  ^lodern  writers  have  clnssed  them  (as 
also  the  natives  of  New  Holland,  New  Britain,  Ncv,*  Guinea, 
&c.)  with  the  Ethiopian  variety.  They  appear  to  me  to  be 
partially  blended  with  the  Malay,  the  Ethiopian,  however, 
predominating.  Their  skin  is  jet  black ;  their  hair  black, 
woolly,  curly,  thicker  than  that  of  the  negro,  and  less  soft, 
though  even  finer  than  the  Malay ;  head  large,  round  late- 
rally, and  somewhat  contracted  anteriorly,  whereby  its  cavity 
is  perceptibly  diminished ;  forehead  very  low,  yet  slightly 
arched;  eyes  black,  small  and  piercing;  face  large,  and  fea- 
tures fully  developed;  cheek  bones  prominent;  nose  flat, 
and  very  broad ;  lips  very  thick  ;  mouth  much  wider  than 
the  negro  ;  the  chin  somewhat  receding,  and  not  so  narrow 
as  the  Ethiopian.  Their  stature  is  low,  and  their  aspect 
more  fierce  than  formidable.  In  their  native  state,  they  lived 
by  hunting,  or  rather  snaring  the  kangaroo,  opossum,  &c., 


ENGLAND  AND  VAN  DIEMAN^S  LAND. 


363 


which,  with  the  shell-fish  abounding  on  the  coast,  and  the 
native  bread — a  bulbous  root  weighing  from  three  to  seven 
pounds,  growing  in  the  earth  from  one  to  three  feet  beneath 
the  surface,  which  when  boiled  is  tasteless,  and  resemble* 
rice  in  appearance — form  their  only  food.  They  appeared 
to  have  no  idea  of  other  habitations  than  nature  provided, 
(such  as  caves,  hollow  trees,  &c.,)  and  lived,  literally,  in  a 
state  of  nature ;  dirty,  squalid  and  disgusting,  in  all  their 
manners  and  customs.  In  their  native  wars  they  foiio-ht  with 
wooden  spears  and  clubs,  throwing  the  former  with  great 
precision  and  force,  from  thirty  to  fifty  yards.  The  victori- 
ous party  always  devoured  the  captives  and  slain  of  their 
enemy.  It  has  been  asserted  that  they  worship})C(l  idols,  but 
their  lack  of  inventive  genius  to  construct  any  thing  resem- 
bling an  image,  seems  to  forbid  the  idea.  I  had  fre(iuent 
opportunities  of  observing  a  native  Jad,  of  the  age  of  fourteen 
years,  who  was  engaged  as  cabin-buy  on  one  of  the  colonial 
vessels,  and  was  pleased  to  find  that  he  displayed  much 
shrewdness,  and  a  capacity  and  readiness  to  learn  and  do 
almost  any  kind  of  labor.  He  knew  the  Engli^h  alphabet; 
could  spell  words  of  one  syllable,  and  count  well.  If  properly 
dealt  with,  I  doubt  not  he  would  be  found  lo  possess  no  insig- 
nificant powers  of  mind.  The  number  of  natives  on  the 
island,  when  first  settled  by  Europeans,  is  unknown,  and  has 
been  variously  estimated  IVoin  ir^lJO  to  as  many  tlunisands  ; 
but  a  medium  number  is  })robably  nearer  correct.  Nothing 
is,  or  can  be  known  concerning  them  prior  to  the  above 
period,  as  they  have  no  traditions;  but  their  history  since  is 
written  in  blood.  Aggressions  were  continually  made  upon 
them  in  their  imbecile  and  inoliensive  state,  by  the  colonists, 
until  the  demon  of  revenge  was  aroused  in  their  breasts,  and 
ihey  thirsted  for  the  white  man's  blood.  They  laid  in  wait 
by  day,  behind  the  trees  of  the  forests  which  he  frequented, 
to  pierce  him  with  their  spears  ;  lightened  the  darkness  of 
midnight  with  the  blaze  of  his  dwellings,  and  broke  its  solemn 
stillness  with  their  fearful  war  cry  of  "  wah  !  Wcih  !  wah!'' 
and  the  dying  groans  and  shrieks  of  his  wife  and  children. 
Then  it  was  that  Arthur  showed  the  dark  traits  of  his  char- 


i4   i 


1 


l!i  (fl 


364 


NOTES  OF  AN  EXILE,  ON  CANADA, 


acter.  Arming  the  colonists  and  reckless  convicts,  with  the 
few  military  under  his  command,  he  mustered  a  large  force 
of  sanguinary  spirits,  who  needed  not  even  the  offers  which 
he  made,  of  rewards  and  pardons,  for  native  scalps,  to  incite 
them  to  slay  without  mercy.  Arthur  led  them  on,  and  in  a 
few  weeks  they  hunted  down  between  five  and  six  thousand 
native  men,  women  and  children,  whose  mutilated  remains 
were  left,  unburied,  to  enrich  the  soil  of  an  island  which  was 
their  own,  according  to  the  first  principles  of  natural  law. 
About  two  hundred  were  captured  then  and  afterwards,  by 
treachery.  These  were  placed  upon  Flinder's  Island,  in 
Bass's  straits,  under  charge  of  a  commandant,  superintend- 
ent, surgeon,  detachment  of  military,  &c.;  and  some  efforts 
made  to  instruct  them  in  the  arts  of  civilized  life,  but  with 
little  success.  In  1845,  their  number  had  dwindled  down  to 
fifty-nine ;  and  doubtless,  in  the  course  of  a  few  years,  not 
one  will  be  left  to  chant  his  mournful  dirge  over  the  wrongs 
of  his  exterminated  race.  He,  whose  hands  are  dyed  with 
their  blood ;  who  causei\  Jif teen  hundred  convicts  to  be  executed 
within  sight  of  his  own  door,  during  his  administration  of  the 
government  of  that  colony ;  and  afterward  signed  the .  death 
warrants  of  Lount,  Matthews,  Morrow,  Van  Schoultz, 
Abbey,  and  other  martyrs  to  the  cause  of  liberty  in  Canada, 
is  now  Governor  General  of  Bombay/  Thus  it  is  that  Britain 
rewards  her  tyrants/ 

Van  Dieman's  Land  is  favored  with  one  of  the  most  delight- 
ful climates  in  the  world.  Very  few  diseases  are  prevalent, 
and  the  Anglo-Saxon  natives  are,  almost  without  exception, 
healthy  and  robust.  The  atmosphere  is  clear,  very  arid,  and 
lacks  that  freshness  which  renders  the  air  of  the  northern 
temperate  zone  agreeable  to  inhale.  This  is  probably  owing 
to  the  ocean  by  which  it  is  surrounded. 

Two  ranges  of  mountains  run  parallel  to  each  other  across 
the  Island,  known  as  the  Eastern  and  Western  ranges.  Mount 
Wellington,  Table  Mountain,  and  Ben  Lomond,  are  the  high- 
est peaks,  and  their  summits  are  covered,  at  least  nine  months 
in  the  year,  with  snow.  Theiirst  is  4,500  feet  high,  and  dis- 
tant only  three  miles  from  Hobart  Town,  which  its  lofty  and 


ENGLAND  AND  VAN  DIEMAN'S  LAND. 


365 


bold  front  seems  to  overhang.  Upon  its  top  stands  a  small 
lake  of  fresh  water,  which,  by  means  of  an  aqueduct,  is  made 
to  supply  the  town.  Upon  the  north-western  side  of  this  moun- 
tain, a  beautiful  cataract  has  been  lately  discovered,  which, 
when  the  water  of  the  lake  is  raised  by  the  fall  and  winter 
rains,  presents  a  magnificent  spectacle,  the  descent  being  up- 
wards of  200  feet.  Numerous  lagoons  and  small  lakes  are 
found  in  other  parts  of  the  Island.  The  Dcrwent  is  the  prin- 
cipal river,  but  even  this  is  only  navigable  for  about  twenty-five 
miles,  except  by  small  vessels.  The  Tamar,  which  empties 
into  the  sea  on  the  north  side  of  the  Island,  and  upon  which 
Launceston  and  Georgetown  are  situated,  is  formed  by  the  uni- 
ted waters  of  the  North  and  South  Eske,  Maguarie,  and  Lake 
rivers,  which  are  all  small  streams. 

The  valleys  are  rich,  and  well  adapted  to  cultivation  ;  but  the 
high  lands,  hills,  and  mountains,  are  sterile,  and  can  only  be 
used  for  pasturage  ;  but  during  the  seasons  of  drouth  which 
alwavs  occur  in  the  summer,  are  worthless  for  even  this.  Not 
over  one-fifth  of  the  island  can  be  considered  good  arable  load 
Wheat,  rye,  oats,  barley,  potatos,  garden  vegetables  common 
to  the  temperate  zone,  and  fruits,  consisting  of  apples,  pears, 
peaches,  plums,  cherries,  currants,  raspb<?rncs,  strawberries, 
&c.,  grow  in  great  luxuriance.  Wheat,  in  the  interior,  is  some 
*imes  destroyed  by  frost.  The  climate  is  too  cold  for  the  growth 
of  maize. 

Sheep  are  kept  in  flocks  of  from  3,000  to  15,000  on  some  of 
the  large  estates  in  the  interior,  and  wool  is  the  principal  arti- 
cle of  export  to  the  mother  country.  Great  pains  have  been 
taken  to  import  superior  breeds  of  cattle  and  horses. 

The  wild  animals  of  the  island  are  not  numerous,  and  as 
specimens  of  the  kangaroo,  badger,  opossum,  &c.,  may  be 
found  in  menageries  all  over  the  world,  they  need  not  here  be 
described. 

The  principal  birds,  are  parrots,  black  and  white  cockatoos, 
(which  like  the  parrot,  may  be  learned  to  pronounce  distinctly,) 
magpie,  swan,  eagle,  emu,  &c.,  &c. 

The  vegetable  kingdom  is  more  important.  Thousands  of 
indigenous  plants,  unknown  in  other  parts  of  the  world,  are 


I 

" 


866 


NOTES  OP  AN  EXILE,  ON  CANADA, 


here  found;  and  during  the  greater  part  of  the  year,  the  uncul- 
tivated fields  and  forests  present  the  delightful  appearance  of  a 
flower  garden. 

The  forests  are  evergreen.  The  principle  trees  are  the 
oak,  pine,  light-wood,  cedar,  peppermint,  wattle,  myrtle,  cher- 
ry, and  different  spcfies  of  gum.  These  last  grow  to  an  in- 
credible size.  1  measured  one  seventv  feet  in  circumference, 
two  feet  from  the  ground.  At  the  height  of  ten  feet,  nowevcr, 
it  was  only  about  fourteen  feet  in  diameter,  and  at  fifty,  about 
seven  feet.  Its  height  was,  I  should  judge,  not  far  from  onf)- 
hundrcd  and  eijihtv  feet.  (lum  trees  from  fifteen  to  twentv 
feet  in  diameter,  are  common.  All  ihe  wood  of  the  Island  is 
rery  hard,  and  is  so  heavy  when  green,  as  instantly  to  sink  in 
water. 

In  concluding  this  chapter,  I  would  remark  that  a  volunvc 
might  be  written  upon  the  sui)ject  of  which  it  treats,  by  a  more 
able  and  gifted  pen.  Tiie  limits  of  this  work  have  prevented 
me  from  being  as  minute  as  I  could  have  wished. 


M 


in 


CIIArTER  XXIX. 

ConcUuliiisT  remarks  upon  die  Biitish  Transportafi  m  System.  — Condition  of  ilie  Cann- 
dian  Prisoners.  —  Suit  against  the  Colonial  Government  for  False  Im|irisonment.— 
Departure  from  ViUi  Dieman's  Land  on  the  British  Merclianl  vessel  "  Sons  of  Com- 
merce.''—  Arrival  at  I'ernnmhnco.  — Kindness  of  Stranger".  —  Vo\  a  jp  direci  to  the 
United  States,  on  the  American  Bar-jue  "  Gluhe." — Landing  at  New  Castle,  in  Del- 
dvyare. —  I'lilladelphia.  —  New  York. —  Arrival  at  Home. —  Conclusion. 

I  FOUND  it  much  more  pleasant  to  reside  in  Van  Dieman's 
Land  as  a  free  man,  than  a  captive  :  yet  have  no  hesitation 
in  saying,  that  I  would  not  have  made  it  my  home  for  life, 
could  I  have  become  the  possessor  of  the  wdiole  island.  Tim 
general  state  of  society,  the  insecurity  of  property,  charac- 
ter and  life,  the  prevalence  of  every  description  of  crime, 
and  above  all,  the  worse  than  African  slavery  of  the  prison 
population,  render   it  an  accuintd  spot.     It  is  due,  however, 


ENGLAND  AND  VAN  DICMAN  S  LAND. 


367 


Ife. 


lo  the  Biitisli  Government,  to  say,  that  a  change  for  the  bet- 
ter took  phicc  before  I  left  the  country,  by  which  more  pains 
were  taken  for  the  reformation  of  the  prisoners,  and  less  hard 
labor  required  ;  but  the  plan  of  herding  them  together  insures 
their  progress  in  a  downward  course  lo  temporal  and  eternal 
death.  In  taking  a  linal  leave  of  this  subject,  I  deejii  it  my 
solemn  duly  lo  record  my  unqualified  disapprobation,  or  I 
might  say  horror^  of  the  Ihitish  Ininsportalion  system,  as  preg- 
nant with  the  most  fearful  consequences,  in  a  moral  point  of 
view,  to  the  convict.  I  have  refiained  irom  givingnuiny  da- 
tails  which  I  might  of  done,  from  feelings  of  delicacy ;  indeed, 
they  were  of  so  duik  and  dreadful  a  nature,  that  I  could  cU) 
no  more  than  hint  at  them.  It  has  given  me  the  greatest  joy 
to  ftnd  that  these  evils  are  beginning  to  be  understood  in 
Great  Britain,  and  I  hope  and  ])ray,  that  the  foul  system 
W'ill  soon  be  aljoli.shcd  altogether. 

JMy  anxiety  to  relurn  lo  my  native  land,  was  daily  becom- 
ing more  intense  after  my  restoration  to  liberty,  but  the  want 
of  y^inc/.y,  prevented  the  giatification  of  my  wishes.  This 
obstacle,  however,  was  removed  by  the  kindness  of  F.  W. 
Clarke,  Ksq.,  of  lioston,  Mass.,  who  being  in  Van  Dieman's 
Land,  on  business,  and  learning  my  situation,  accepted  a  bill 
ncii  my  father,  and  furnished  me  with  money  to  pay  my  pas- 
sage to  London,  and  procure  7\.  fit-out. 

A  majority  of  my  companions  in  exile  were  free,  and  san- 
guine hopes  were  entertained  that  all  would  soon  be  pardon- 
ed, but  their  condition  would  be  but  little  improved  thereby, 
unless  means  were  provided  for  their  return  home.  Manv 
despaired  of  ever  being  able  lo  leave  the  Island,  and  I  am 
sorry  to  say,  an  impression  prevailed,  that  their  friends  and 
the  American  public  generally,  were  unmindi'ul  of  their  con- 
dition. The  concUict  of  the  whole  party  had  been  remarka- 
bly good  during  the  whole  period  of  their  exile  ;  antl  I  am 
happy  to  be  able  to  say,  that  they  had  gained  the  confidence 
and  esteem  of  the  best  people  in  the  colony,  and  were  regard- 
ed as  upright,  steady,  intelligent,  and  respectable  men.  It 
grieves  me  to  add,  that  a  few  occasionally  drank  to  excess, 
probably  in  the  vain  hope  of  thereby  drowning  their  sorrows. 


.     11 


s 


368 


NOTES  OF  AN  EXILE,  ON  CANADA, 


An  action  against  the  Colonial  Government  for  false  impri- 
sonment, had  been  pending  in  the  Supreme  Court  for 
some  months  before  I  left.  It  was  brought  by  James  M. 
Aitcheson,  and  Mr.  MacDowell  kindly  volunteered  his  ser- 
vices in  its  support ;  but  a  disposiiion  was  early  manifested 
by  the  judges  to  defeat  it.*  Mr.  Hathaway  furnished  me 
with  a  letter  of  introduction  to  Mr.  Everett,  the  American 
Minister  in  London,  where  I  proposed  to  institute  legal  pro- 
ceedings also,  but  subsequent  events  deprived  me  of  Mr.  Ev- 
erett's counsel. t 

On  the  25th  September,  1845, 1  bade  adieu  to  my  kind 
friends,  and  shaking  the  dust  of  Van  Dieman's  Land  from  off 
my  feet,  was  soon  on  board  the  "  Sons  of  Commerce,"  Cap- 
tain Williams,  bound  for  London.  "  All  hands  weigh  an- 
chor!" was  soon  shouted  from  the  quarter  deck,  and  the 
ready  "  Aye,  aye,  sir !"  and  nerry  song  of  the  jolly  tars,  as 
they  manned  the  capstan,  convinced  me  that  we  had  a  good 
crew. 

To  describe  my  feelings  on  leaving  Van  Dieman's  Land, 
would  be  impossible.  The  remembrance  of  all  my  dreadful 
sutferings,  the  persecutions  of  my  enemies,  the  kindness  of 
my  friends,  and  the  forlorn  condition  of  my  less  fortunate 
comrades,  came  up  before  me,  and  I  am  not  ashamed  to  ac- 
knowledge, that  1  paced  the  deck  for  some  time,  my  breast 
heaving  with  uncontrollable  emotions,  and  tears  gushing  from 

*A  letter  wliich  I  have  just  received  ft  rni  Van  Diemau'ti  Land,  inforius  nie  thai  this  suit  was 
<]uashed,oa  the  ground  of  its  having  boon  brought  too  late, 

tCONfULATE  OF   THE    UNITED  STATFh,  ) 

HoDAKT  Town,  Sept.  tJ5rh,  1845.  > 
Sir, — Mr«  LinUR  Wilson  Miller,  one  of  our  unfortunate  countrymen  who  were  engaged  io 
the  revolt  ill  Canada,  in  1338, and  who  has  been  a  prisoner  in  this  colony  for  the  past  six 
years,  being  now  pardoned,  is  about  to  embark  tor  the  United  States  via  T^ondon.  He  is  de- 
sirous for  an  introduction  to  your  Excellency  for  advice,  as  it  now  appears  that  all  the  citi- 
Eeus  of  the  United  States,  who  have  been  sent  here  prisoners,  have  been  illegally  held  in 
bondage,  no  warrants  having  accompanied  them  ;  and  it  is  the  intention  of  many  to  institute 
proceedings  against  the  British  Government  for  damages. 

Mr.  Miller  bears  with  him  testimonia  Is  of  character  from  gentlemen  of  high  standing  in 
the  United  States,  and  others,  and  I  believe  him  to  be  a  gentleman  of  undoubted  integrity  and 
the  fir<t  respectability, 

I  have  the  honor  to  be,  sir. 

Your  obedient  servant. 
The  Hon.  Edward  Evekett,  Ac.,  &c.,  Lokdoh  .  E.  HATHA WAYn 


KNCLAND  AND  VAN  DIEMAN  S  LAND. 


36D 


III 
kud 


my  eyes,  in  spite  of  my  clTorls  to  restrain  them. 

It  is  not  my  intenlioii  to  trouble  the  reader  witli  the  details 
of  my  voyage  home,  which  arc  too  uninteresting  to  disserve 
more  than  a  passing  ghinco.  There  were  about  twenty  pas- 
sengers besido  myself,  from  all  of  whom,  though  strangers, 
I  received  kind  and  gentlemanly  treatment. 

Our  sliip  v/as  not  a  lirst-rate  sailer,  but  favorable  winds 
made  up  for  the  deficiency.  Passing  to  the  south  of  New 
Zealand,  and  sicering  E.  S.  E.,  we  were  not  long  in  find- 
ing a  few  :;c;ay  icebergs,  the  company  of  which  Capt. 
W.  did  not  reK:>h',  for  he  immediately  bore  away  to  tl>e north. 
T!ie  wind'j  were  generally  from  the  west,  and  tlie  surface  of 
the  great  Pi'cifc  t^mooih,  when  compared  with  the  Atlantic 
ocean.  In  ibrty-two  days  we  rounded  Cape  Horn,  immers- 
ed in  a  thlc!:  fo.:;,  but  favored  with  a  good  wintl.  Tht^weath- 
<;r  was  cold,  ■ir.d  passengers  required  warm  clothing. 

The  winJ.'  weu  more  variable  in  the  Atlantic,  and  we 
mau'j  less  progress.  On  the  ISih  of  November,  in  Lai.  -U" 
degrees  5G  m.nutes  S.,  Long.  42  W.,  for  the  hrst  time  siuf,: 
sailing  we  v;e.'e  iViVorei  with  the  sight  of  a  neighboring  ve-- 
sel,  but  as  she  v.'as  several  miles  astern  we  soon  lost  sight  of 
her.  On  thj  Bih  Dec,  in  Lat.  22deg.  37  sec.  S.,  Long.  137 
dcg.  2Sm.V.''.,  il'c  American  ship  "Lucas,"  Capt.  IMiller,  from 
jJoston,  bour.d  to  China,  with  passengers  on  beard,  passed 
v;ita"n  a  slGr.'^'j  throv/  of  our  vessel.  In  Lat.  IG  degrees  S., 
wci  cang'.t  the  south-east  trades,  and  on  the  20th  Dec,  drop- 
ped and. or  i.i  Pernambuco,  to  obtain   water.     We  had   seen 


no  lant 


h: 


since  sa!un<r. 


v>ent  on  shore  with  the  other 


passengers,  and  found  ihe  Amei' ,'an  barque  "Globe,"  Capt. 
Esliag,  about  to  sail  for  Philadelphia.  Wishing  to  shorten 
myro'.'.te  home  as  miieli  as  possible,  I  waited  on  Capt.  E., 
and  requested  him  to  accept  a  bill  on  my  father  for  the 
amount  of  the  passage.     This  he  declined  doing,  as  contrary 


to  h 


is  instructions   from   the  owners  of  his  vesst 


but 


my 


circumslances  heconiino'  known  to   some   American  ar»d   En- 


glisl 


nt! 


nvMi,  res.den 


ts  th 


ere,   and   otiiers,  a   subst'ription 


was    wiihne.t  iny  ]:!iowie(lge  started,   and  in   a  few   minutes 
tiie  suMi  of  fifty-S'.'Von  ui'lhirs  was  [.laced  in  my  hands  by  these 


\l 


4 


370 


NOTES  OP  AN  EXILE,  ON  CANADA, 


kind  friends.  I  accepted  it  witli  grateful  feelings,  upon  condi- 
tion tliat  I  should  draw  upon  my  father  for  the  amount,  and 
the  money  bo  returned. 

On  the  25th  December,  the  Clol)e  sailed  for  Philadelphia. 
D.  It.  Bouker,  Esfi-,  and  Cnpt.  Upton,  of  Salem,  Mass.,  were 
my  fellow  passengers,  and  in  the  society  of  my  countrymen,  in 
an  American  vessel,  I  began  to  feel  myself  once  more  at  home. 
In  crossing  the  equator,  the  southern  cross  soon  disappeared, 
while  the  northern  star,  which  had  been  hidden  from  my  view 
so  long,  gradually  arose  above  the  horizon,  and  I  hailed  its  first 
appearance  as  I  would  have  done  the  face  of  an  old  friend. 
But  m  passing  from  the  southern  to  the  northern  hemisphere, 
the  voyager,  if  an  admirer  of  the  starry  heavens,  loses 
greatly  by  the  change.  Nothing  can  exceed  the  beauty  of  a 
starlight  night  at  the  south.  Each  star  in  brilliancy  shines 
forth  like  a  little  sun  in  the  heavens,  and  the  whole  firmament 
appears  sparkling  with  bright  and  beautiful  gems.  The  Ma- 
gellan clouds,  which  resemble  in  appearance  two  detached 
portions  of  the  galaxy,  and  a  neighboring  dark  space  or  spot  in 
the  sky,  in  which  no  stars  arc  visible,  are  seen  at  an  angle  of 
about  50  degrees  in  the  heavenr>  to  the  south,  and  add  much  to 
the  interest  of  the  scene.  Stars  of  the  first  and  second  mag- 
nitude are  much  more  numerous  than  at  the  north,  and  their 
great  brilliancy,  and  intensity  of  light,  are  probably  owing  to 
the  clearness  and  purity  of  the  atmosphere. 

On  Sunday  the  25th  January,  1840,  we  landed  at  New- 
Castle,  Delaware,  having  experienced  a  very  pleasant  and 
agreeable  voyage.  The  reader  must  imagine  with  what  de- 
light I  hailed  the  first  sight  of  my  native  land,  and  the  emotions 
I  experienced  upon  setting  my  foot  upon  its  shores,  for  1  am 
incompetent  to  describe  them. 

Leaving  the  vessel  in  charge  of  the  pilot,  we  proceeded  to 
Wilmington,  and  took  the  rail-road  cars  for  the  Quaker  city, 
which  we  reached  about  2  o'clock  the  next  morning  Here 
we  remained  until  the  Globe  arrived  on  the  evening  of  the  27lh, 
and  I  had  leisure  to  remark,  that  it  was  the  finest  city  in  out- 
ward appearance  at  least,  that  I  had  ever  seen.  The  regular- 
ity, width,  and  cleanliness  of  the  streets,  the  simple  elegance  of 


ENGLAND  AND  VAN  DIEMAN's  LAND. 


371 


the  buil(linc:s,  and  the  sedate,  b 


-like 


of  th 


manners 
icinc'cd  ol'praiso  from 


uusini 
habitants,  besix.'ak  for  the  (iuakorCi 
the  stranL>-or  \vlio  visits  it. 

On  tiio  mDrniiiL;  of  the;  -Jsth,  I  reached  the  metropolis  of  tlie 
I'nitt'd  Slates,  when;  Ibath;  fannveil  to  my  kind  companions, 
Messrs.  liouker  and  I'lifon-  The  tViiiullv  coni'-ratulations  of 
strangers  ^vcre  siUlicient  to  convince  mo,  however  much  Hke 
a  (h'cam  it  might  appear,  that  I  was  in  U;cd  out  of  the  land  of 
Xod,  and  in  my  (»\vn  iialivi;  stale. 

lint  tiier(3  Wiis  one  dear,  loved  spot,  the  (juiet  townof  Stotdc- 
ton,  the  home  of  my  childhood,  the  ;d)ode  of  those  near{^st  my 
heart,  whi(di  i)0ssesscd  greater  attraetions  to  me,  than  all  the 
splendid  cities  of  the  world  :  and  J  hastened  onward,  as  fast  as 
steam  would  earry  mo,  to  taste  onee  more  its  Hweetn(?ss. 
"'Home  !  sweet,  sweet  home!"  how  the  breast  of  the  wander- 
er thrills  with  delight  as  he  nears  it  after  an  absence  of  long 
years  of  adversity!  IIow  has  time  dealt  with  the  loved  anil 
worshipped  ones  ]  D(.i  they  still  live'?  J)o  they  look,  and  feel, 
and  love,  as  in  bve-ci"onc  years?  What  chau'^^es  are  wrought 
in  the  on(;c  lamiliar  faces  of  the  ha])py  children,  who  sj^ortetl 
on  the  village  green?  Of  youthful  comitanions;  whose  hearts 
at  the  parting,  long  ago,  were  warm  with  the  friendship  and 
trust  of  growing  years  ;  and  with  whom  the  delightful  season 
of  youth  glided  sweetly  and  swiitly  away  ?  The  vacant  chair 
may  be  found  at  a  father's  fireside,  awaiting  the  return  of  the 
absent,  which  no  stranger  has  been  allowed  to  oceui)y ;  but 
may  not  new  friendships,  new  ties,  long  have  lilled  the  place 
once  occupied  by  the  wanderer,  in  the  heart  ofan  early  friend  ? 
Aged  sires,  whose  heads  at  the  parting  were  already  whiten- 
ing; have  they  disappeared  from  the  homes  which  their  strong 
arms  had  made  so  bright  and  comfortable  ;  or  do  they  still  lin- 
ger around  their  hearth-stones,  and  will  they  remember  and 
recognise  one  on  whom  they  used  to  smile?  The  village  church 
yard ;  how  many  friends  and  acquaintances  are  sleeping  there 
who  would  have  rejoiced  at  the  exile's  return?  Such  questions 
as  these,  together  with  a  thousand  tender  recollections  of  the 
past,  arise  in  the  mind  of  the  returning  wanderer,  and  the  near- 
er his  approach,  the  more  intense  his  feelings,  until  his  footstep 


I 

J 1 


372 


N0TR8  OF  AN  KXII.I!,  SlC. 


I'.  I 


i  t 


is  once  more  heard  upon  llic  tlnuslilioid  of  n  home  \vhcrc  it  ban 
lonr^hucn  listened  for  in  vain  ;  wh'  re  the  ihmw  of  a  parent's, 
a  hrotljer's,  a  slst(;r's  love,  has  been  buniini;  hri^liti-r  and  ])U- 
rer  for  years  ;  ^vh(Jre  eountiess  j)rayers  liave  been  oflbrcd  for 
his  teniiiorai  and  et(.'rnal  wtllare.  for  th(i  rielicst  of  heaven's 
l»lessin,i(s  upon  iiis  head,  for  the  r-;oun(l  of  liis  footsteps  a;jain 
npon  the  throshhold;  and — hark!  then'  it  is!  ti»ose  prayers  are 
answered!  the  y;ro(Z/'oYi/ is  returned!  Now,  I-.o!  \'ijx  \\\l' fatlcd 
valf! 

Indulixcnt  Header,  my  task  is  nearly  finishod.  Thanics  to  a 
ijracious  Providence,  I  fonnd  my  nearest  relatives,  after  an  ai>- 
scnee  of  cic^ht  years,  alive  and  \vell;  and  we  sonielimesnatlicr 
around  a  pleasant  fireside,  and  talk  over  the  trials  of  tlic  past. 
Whether  tliL'  cup  of  adversity,  of  which  I  have  so  dcc])]y  drank, 
has  fitted  me  for  a  faithful  disehanfe  of  lhi3  duties  of  life,  re- 
mains  to  be  seen  ;  but  of  this  I  am  certain,  I  still  am  blessed 
with  a  stron:^  arm  and  awijlina;  heart  to  wield  a  sw^ord  in  the 
sacred  cause  of  LmnRTV,  either  in  tlic  defenc*^  of  my  own  coun- 
try, or  the  rights  of  an  opi)ressed  people. 

Kind,  gencious  friends  of  my  native  land,  whose  friendly 
sympathies  have  followed  me  in  my  \vandcrin<TS,  and  cheered 
the  hearts  of  my  aged  parents  in  my  absence,  with  grateful 
emotions,  I  bid  you  adiel-. 


APPENDIX. 


XoT  r.  T.— n  A  T  T  L  K    OF    P  U  i:  S  C  ( )  T  T . 

Knrly  in  Kovciuber,  1  h;!S,  llio  inovomonts  of  the  Patriots  on  our  north- 
orn  frontli'r  itidicatcd  that  renowctl  attoniptfl  were  about  hvuvx  niudo  tor 
a^ain  unfiirlin;;:  the  stamhird  of  Lihi-rly  in  Tppor  Canada.  'I'he  zoaluus 
>vat(.'h fulness  of  tlic  United  States  antlioritlen,  and  tlio  indeelsion,  luis- 
nianau'enu'nL  and,  possibly,  ■want  of  cncrj^etic;  coura^^ic  in  some  of  thi' 
leaders  of  llie  ]>arty,  divided,  and  finally  withheM  the  main  l)ody  of  ijie 
invaders;  hut  there  ^vere  a  lew  ehoiee  spirits  who,  shrinkiii;^  I'roiu  no 
danger,  ami  ('f)nfidenfly  relyin;^  upon  the  pled^/ed  faith  of  their  comjiat- 
riots,  ruihed  boldly  forward  to  jiuve  the  way  for  others.  Their  leader, 
Col.  S.  Von  Sehoultz,  (a  Pole,  of  noble  extraetion,  who  had  fou^jht  the 
battles  of  his  own  oppressed  country,  and  afterwards  son^j^ht  a  refuge  on 
our  ishores,)  was  in  every  respect  worthy  to  act  in  that  caitaeity. 

A\'itli  orders  to  storm  Fort  ^\'ellington  and  unfuil  his  banner  npnn  its 
walls,  (a  preconcerted  signal  for  the  Canadians  to  join  them,)  ho  I'ound 
himself  opposite  Preseott  on  the  morning  of  the  11  th,  with  two  schooners, 
containing  about  200  men,  arms,  anununiiion,  artillery,  })rovisions,  iS;e., 
&c.;  but  unhappily,  in  an  attempt  to  cfleet  a  landing  at  the  wharf,  both 
vessels  ran  aground,  where  (me  remained  several  hours,  while  the  other 
got  clear,  but  was  only  able  to  make  the  Canada  shore  at  AVindmill  Point, 
u  mile  below  the  Fort.  Here  Von  Schoultz  landed  his  men,  and  took 
jiossession  of  a  stone  mill,  and  three  out-buildings. 

The  steamboat  "  United  States,"  and  the  small  Canadian  steam  ferry- 
boat were  taken  possession  of  by  the  Patriots,  at  Ogdensburgh,  and  after 
several  attempts,  in  which  they  were  opposed  by  the  British  steamer 
"Experiment,"  in  which  seven  of  the  enemy  were  killed  by  musket  and 
rifle  shots,  succeeded  in  hauling  olF  the  schooner  from  the  shoal  in  the 
river,  and  landing  some  of  her  men  at  the  windmill,  but  in  the  confusion 
and  mismanagement  attendant  upon  the  opposition  of  the  enemy,  left 
with  nearly  all  the  munitions  of  war  so  much  needed  by  Von  Schoultz 
and  his  party. 

In  the  evening,  Col.  Worth,  of  the  United  States  army,  arrived  at 
Ogdensburgh,  with  a  detachment  of  troops,  and  a  United  States  Marshal, 
ftnd  took  possession  of  the  steamboats,  schooners,  &c.,  thus  cutting  oil 

24* 


I  ■ ' 


i  1 


374 


APPENDIX. 


further  supplies  of  men,  arms,  &e.,  from  the  Patriots  at  the  Windmill, 
who  busied  themselves  during  the  night  in  strengthening  their  position, 
hdvin;5  been  repeatedly  promised  large  rcinforeements  from  the  Ameri- 
can shore  since  their  landing.    Alas  !  they  were  cruelly  deceived. 

On  the  morning  of  the  Tith,  an  attempt  was  made  by  the  enemy  to 
dislodge  them.  Three  armed  steamboats  dropped  down  the  river  from 
Prcscott,  anchored  opposite  the  mill,  and  commenced  throwing  balls  and 
Ijoinb-shclls;  at  the  same  time  the  iS'Jd  regiment,  supi)ortod  by  about 
1200  provincial  soldiers,  made  tht'ir  appearance  in  th^;  open  field  in  front, 
tlie  latter  forniini'  the  rlirlit  and  left  wimjs.  Tlie  L'atriots  now  marched 
out  and  formed  in  line  of  battle,  entrenching  themselves  behind  t-tone 
walls,  ditches,  &c.  Tlic  enemy  advanced  to  within  about  one  hundred 
yards!,  and  opened  their  fire,  which  was  inmicdiately  returned  with  great 
spirit  and  ellect.  The  provincial  troops  were  the  lirstto  retreat,  leaving 
the  iS;5d  unsupi)orted,  and  they  too,  after  iighting  bravely  until  literally 
cut  to  piece>^,  retreated.  Tims,  after  a  desperate  engngement  which 
lasted  upwards  of  three  hours,  this  little  handl'ulof  Patriots  were  left  in 
undisputed  possessir)n  of  the  field  of  battle,  having  fairly  benten  more 
than  eight  times  their  u'uuber  of  the  enemy.  Their  loss  in  kilU'd  ;uid 
wounded  was  abou*^  thirty,  while  that  of  the  enemy  is  said  to  have  been 
nearly  three  hundred.  The  :umals  of  history  record  but  few  victoi  ics 
achieved  against  such  fearful  odds,  and  probal-ly  there  never  w;is  u 
braver  band  of  men  eniraged  iu  deadly  cond)at  with  IJridsh  Ibrces. 
Durlnnf  the  cnsraiireinent,  the  American  shore  was  thronired  bv  thousands 
of  spectators,  who  constantly  cheered  the  I'atriots,  but  that  was  :ill !  Xo 
elH)rts  were  tlun  or  afterwards  made  to  reinforce  or  bring-  them  invny. 

On  the  1-tth,  a  ihxg  of  truce  was  sent  by  the  IJrItish,  asking  permission 
of  the  Pati-Iots  (who  occupied  tlie  mill  and  stone  buildings)  to  bury  tlu.'ir 
dead,  which  was  granted.  On  the  J. "Jth,  the  enemy  were  greatly  rein- 
foi'ced,  and  all  chance,  either  of  escape  or  fuial  suct;ess,  cut  oil'.  On  the 
IGthjthe  Patriots  sent  out  a  Hag  of  truce,  the  bearers  of  which  were  tired 
upon  as  soon  as  they  made  their  appearance  in  the  field.  A  wlilte  llag 
was  at  the  same  time  displayed  irom  the  summit  of  the  mill,  but  without 
being  regarded.  A  little  before  sunset.  Col.  Dundas  sent  a  llag  sum- 
moning the  party  to  surrender  at  his  discretion,  which  was  done.  Thus 
ended  this  iinecpial  and  sanguinary  contest !  The  loss  of  the  van(piished 
party  in  killed  and  wounded,  was  said  to  have  been  less  than  fifty,  while 
that  of  the  victors  was  nearly  six  hundred. 

Of  the  captured  Patriots,  their  brave  and  noble  leader,  A^on  Schoultz, 
Col.  Abbey,  Col.  Woodrulf,  Daniel  George  and  others,  were  executed ; 
several  of  the  youngest  pardoned,  and  the  remainder  sent  to  Van  Die- 
'  man's  Land. 


APPENDIX. 


376 


ile 


Note  IL— RATTLE    OF   WINDSOR. 

On  the  4th  December,  18.18,  a  party  of  Patriots  crossed  over  from 
Detroit  and  landed  on  the  Canada  shore.  The  same  n>isnnna;jjement 
prevailed  here  as  elsewhere ;  only  one  hundred  and  sixty-four  men,  being 
about  one-eighth  of  their  available  force,  were  brought  into  the  field. 
They  were  commanded  by  (ien.  I'utnam  and  Col.  Ilarvell,  the  former  a 
Canadian  I'efui^ce,  the  latter  a  Kentuckian.  ]\[;iking  a  forced  inarch  to 
Windsor  in  two  divisions,  tlioy  attai'ki  d  the  military  bantn-ks,  shouting 
their  watchword,  "  Hemembor  Troscott ;"  and  crossing  guns  with  the 
enemy,  through  the  windows,  fouglit  with  determined  courage  for  about 
forty  minutes,  when,  the  barracks  being  on  (ire,  the  IJritish  force  sur- 
rendered— iu  number  thirty ;  iheir  killed  and  wouiuh.'d  being  iibout  as 
many  more.  I'iiglit  of  tlie  Tatriots  were  killed  and  seven  woundt-d  ; 
among  tin;  former  w;  s  C'a[it.  Lewis,  a  Ca'i.uliau,  from  the  Loudon  dis- 
trli't,  and  a  brave  oliicer.  'l'!ic  latter  took  small  boats  and  relurned  to 
the  Anierieau  shore,  wliv-re  their  landing  was  opposed  by  (ien.  Hugh 
Urady,  of  tlie  United  States  anny.  [Tiie  reader  can  makehisown  com- 
ments upon  this  oliicer's  ci>ii(hu\'.'\ 

After  l)urning  the  Ib-itish  steamer  "Tiianies,"  which  lay  at,  the  wharf, 
iu  token  that  the  outraixe  of  tlie  "Caroline"  was  not  forgolLen,  the  Tatri- 
ot?  took  u[)  tl'.eir  line  of  march  for  Sandwicli. 

On  their  way  they  (>nc()nMtered  a  considerable  body  of  the  enemy, 
whom  they  attacked  ai\d  di-ovc  into  an  orchard,  where  they  took  position 
behind  a  fence.  A  skii-niishing  light  continued  iiiiiil  the  enemy  wen; 
reinforced  by  two  hundred  ivguhirs,  from  iMahlen,  wlio  cut  oil"  the  rear 
guard  of  tlie  Patriots.  Tliis  detaclnuent,  after  discharging  their  j)rison- 
crs,  ?ei^ed  upon  such  canoes  as  they  could  fnul,  and  crossed  over  to 
Hog  Island,  where  JMajor  Piiiiiw,  of  the  United  States  Army,  who  had 
conuuaud  of  the  steamboat  "  J'lrie,"  o/vAvvv/  his  men  Id  fir t:  upon,  thrm  ! 
u'h'nli  n'l's  (Idiic  ! 

iMeantinu',  ( Jeneral  Putnam  was  com[)elled  to  order  a  retreat  to  the 
woods,  in  ellecting  which  his  party  were  exposed  to  a  deadly  fire,  and  the 
retreat  at  length  became  ;i  lli'dit.  I'utnam  was  shot  dead  in  the  act  of 
getting  over  a  fence.  His  aid  likewise  fell  with  the  Patriot  standar^l  in 
his  hands,  which  he  wrap[ied  around  his  body,  and  expired.  CoL  Ilar- 
vell died  as  a  warrior  should,  nobly  fighting  to  the  last.  He  would 
neither  retreat  nor  accept  (piarters  from  an  ungenerous  enemy.  A  few 
of  the  party  escaped  to  the  American  shore,  some  perished  in  the  woods, 
while  the  remainder  were  hunted  down  by  the  Indians  and  Hritish  Mood- 
hounds.  The  most  disgraceful  part  of  the  affair  remains  to  be  told.  Col. 
Prince,  in  his  oflieial  report,  says  : 

"  Of  the  brigands  and  pirates,  twenty-one  were  killed,  besides  four  who 
were  brought  in  just  at  the  close  and  immediately  after  the  engagement ; 
ALL  or  WHOM  I  ordered  to  be  shot  upon  the  .spot,  audit  was  done  accord- 
ingly,'' 


i 


376 


APPENDIX. 


Col.  Sheldon  and  fiv«  others  were  taken  by  the  Indians  a  day  or  two 
afterwards,  and  were  about  being  murdered  in  the  same  way,  when  Col. 
Airey,  in  answer  to  an  appeal  made  by  Mr.  Sheldon,  exclaimed  to 
Prince,  "  Good  God !  will  you  murder  men  whom  the  savages  have 
spared?"  These  men  were  saved,  but  several  wounded  Patriots  were 
shot  or  bayoneted  in  cold  blood,  while  begging  for  quarter.  It  was 
asserted  that  even  the  savages  who  witnessed  these  proceedings,  left  the 
IJritish  camp  in  disgust. 

Messrs.  Joshua  Doan,  Daniel  Kennedy,  Correlius  Cunningham,  Hiram 
13.  Linn,  Bedford,  Clark,  and  Purley,  were  executed  at  Loudon,  and 
eighteen  others  transported  to  Van  Dieman's  Land. 


Note  III. 

Of  the  ninety-one  Canadian  State  prisoners  transported  to  Van  Die- 
man's  Land,  thirty-three  remained  on  the  Island  in  September,  IS-i-j. 
Joseph  Stewart,  Solomon  Ileynolds,  Elijah  C.  Woodman,  lloburt  _G. 
Collins,  John  Berry,  Joseph  Leforte,  Moses  A.  Dutchcr,  (married  in  the 
colony,)  J.  S.  Gutteredge,  Jacob  Paddock,  John  Vernon,  John  C. 
Williams  and  James  M.  Aitcheson  were  pardoned,  but  had  no  means 
of  paying  their  passages  home.  Orlin  Blodget,  Asa  IL  llichardsoB, 
Hush  Calhoun,  John  Spra'^ue,  Henry  Shew,  Hiram  Loop,  Thomas  Baker, 
George  B.  Cooley,  Michael  Fraer,  Chauncey  Mathews,  Calvin  Mathews, 
Andrew  Moore,  William  Ileynolds,  John  Bradley,  Patrick  White,  Riley 
M.  Stewart,  James  Ingles,  Horace  Cooley,  Samuel  Washburn,  and 
Norman  Mallory,  held  tickets  of  leave,  but  were  not  pardoned.  Jacob 
Beemer  was  at  a  road  party.  Robert  Marsh,  J.  Cronkhite,  Leonard 
Delano,  Luther  Darby,  Elon  Fellows,  Nelson  Greigs,  Jeremiah  Greigs, 
Gideon  Goodrich,  John  Gillman,  David  House,  Daniel  D.  Heustis,  Ira 
Polly,  Orin  AV  Smith,  Elijah  Stevens,  Samuel  Snow,  John  G.  Swans- 
burgh,  Alvin  B.  Sweet,  Chauncey  Sheldon,  Joseph  Thompson,  John 
Thomas,  Beemis  Woodberry,  Edward  A.  Wilson,  Nathan  W.  Whiting, 
John  Grant,  James  D.  Fero,  Ililey  Whitney  and  Henry  Barnham  left 
Ilobart  Town  in  January,  1845,  for  the  Sandwich  Islands,  per  American 
whaling  vessel,  "  Steiglitz." 

David  Allen,  John  B.  Tyrel,  John  ]\Iorrisette,  were  pardoned,  and 
left  the  colony  for  the  United  States,  in  1844. 

Aaron  Dresser  and  Steplien  S.  Wright  were  pardoned  for  capturing 
bushrangers,  in  June,  1843,  and  returned  home. 

William  Gates  and  Chauncey  Bugbee,  left  for  Port  Philip,  New  South 
Wales,  in  July,  1845. 

George  T.  Brown  left  on  an  American  whaler  in  January,  1845, 
and  arrived  home  in  the  spring  of  1846. 


APPENDIX. 


">77 


Emanuel  Garrison,  Garret  IUcks,  and  Daniel  Liscombe,  left  for  Syd- 
ney, in  the  American  merchant  vessel  "Eliza  Ann,"  June,  1845;  the 
two  former  intending  to  work  their  passages  homo,  in  that  vessel. 

^Michael  ^lurray  left  Van  DIeman's  Land  in  the  United  States  whaling 
vessel  "Fame," in  June,  1845. 

lliram  Sharp  left  in  the  United  Stales  whaling  vessel  "  Balle,"  for  a 
v.l)alingvoya;?;e  in  thi.'  South  Seas,  August,  1S45. 

Jehial  11.  Martin  and  Jainis  Pearce  left  for  S}  duey,  in  a  colonial  ves- 
sel. September,  1845. 

Benjamin  Wait,  Samuel  Chandler,  and  James  Gemmell,  made  their 
escape  from  t!)e  Island  in  1842. 

Alexander  ;M«Leod,  John  James  McXulty,  Garret  Van  Camp,  r).  P. 
"^Villlams,  Asii  Priest,  Andrew  Leper,  Lysander  Curtis,  Foster  Martin, 
William  Xotpjjo,  John  Simmons,  Alson  Owen  and  Ihomas  Stockton 
wero  dead  ;  iT^arly  all  these  men  died  in  consequence  of  bad  treatmenU 


TESTIMONIALS. 

[The  following  certificates  of  ihe  aiiilior's  conduct  wlrle  resident  in  Van  Dicman's  lirtiid, 
vore  kindly  furnished  him  by  llic  gnntlemon  whose  signatures  they  bear :] 

I  certify  that  ^h.  Linus  Wilson  T^lillor,  who  was  sent  to  this  colony  for 
being  concerned  in  the  rebellion  in  Canada,  was  sent  to  this  station  in 
coii.ssquence  of  attcaiptiiTg  to  make  his  cs,;ape  from  the  colony:  that 
shortly  afterwards  he  became  an  inmate  of  my  faraily,  as  tutor  to  my 
children,  and  remained  for  upwards  of  two  years  with  me  :  that  I  always 
found  him  actuated  by  the  most  honorable  feeling;;,  and  that  his  conduct 
lu'^n,  and  since,  has  been  such  as  to  merit  tln!  most  unciualified  approba- 
tion. T.  J.  LEMPlilKKE, 
A?r^'t  Com.  Cieneral,  and  .1.  P.  for  the  lernitory  of  Van  Dicman's  Land. 

J'oRT  AuTinR,  Van  Dikman's  Land,  1st  July,  1S45. 


''1 


I  have  known  the  bearer,  Mr.  L.  W.  Miller,  for  nearly  four  years  past, 
aid  have  much  pleasure  in  bearing  testimony  to  his  unilormly  steady  and 
exemplary  conduct  diuinj;  the  whole  of  that  ])eriod.  I  have  reason  to 
bolievo  that  he  has  given  entire  satisfaction  to  all  those  in  whose  employ 
he  has  been  engaged.  *  J.  A.  IMANTOX, 

Minister  of  IMelville  st.  Chapel. 

TlauART  Town,  Van  Dieman's  Lani>,  24lh  September,  1845. 


I  do  hereby  certify  that  I  have  known  Mr.  L.  W.  Miller,  who  was 
imfortunately  sent  to  this  colony  for  being  concerned  in  the  American 
outbreak,  for  a  considerable  length  of  time  ;  and  that  his  character  and 


378 


APPENDIX. 


conduct  obtained  for  him  general  estimation,  not  only  from  the  authori> 
lies,  but  from  the  inhabitants  in  general.  His  return  to  his  native  land  is 
accompanied  by  th(^  general  good  wishes. 

ROB'T  LATHROP  lilURKAY, 
late  Captain,  "Royals;"  and  proprietor  of  Murray's  Review. 
HonART  Town,  September  22,  1H45. 


I  hereby  certify  that  Mr.  L.  \V.  JMlUer  was  known  to  me  for  about 
five  years ;  his  conduct  the  whole  period  was  in  every  respect  most  unex- 
ceptionable and  exemplary.  lie  has  always  acted  in  a  manner  to  induce 
me  to  look  upon  liini  as  a  young  man  of  honorable  and  uprit^ht  feelings. 

CHARLES  O'lIARA  IJOOTII, 

Van  DrKMAx's  Lwn,  22nd  Sept.,  184.1.        (Queen's  Orphan  School. 


Errata. — The  following  are  the  principal  errors  that  escaped   correction  in  the 
•"evision  of  prool's  : 

Page  nifi,  21st line,  after  "substance,"  Tead,with  ichich  the  iratcr  tras  impre^vurcd. 

'•    .12"),  2'lh    "     for  six  read,  nine  feet. 

"     3n.:>,  inth     "     ioT  load,  re-dd  land. 


on- 
idis 


ouf 
ex- 
iice 
js. 


tlip 


If 


